One year after the entrance to Steamboat Willie In the public domain, Disney remains on the lookout. The entertainment giant is cited in a procedure launched by an American law firm, who wanted to use Mickey in an advertising campaign in the United States. The spot, in black and white and lasting 37 seconds, shows Mickey hitting a boat before Minnie calls the office to get help. However, a mention specifies that it is not an advertisement approved by Disney.
The limits of the public domain
Faced with the silence of the group on the possibility of legal action, the lawyer of lawyers decided to seize a Tribunal in Florida. She asks the justice to confirm that her spot does not get the rights of Disney. In its complaint, the cabinet evokes the aggressiveness of the application of intellectual property rights by the Disney group and its refusal to give insurance regarding the absence of prosecution.
If the copyright of the film Steamboat Willie Expired, Disney retains other legal protections, including brands. The company recently recalled it in a complaint filed against Satéur, a jewelry company that used the original Mickey in its creations. In this specific case, Disney accuses Sateur of wanting to pass his products for official articles, taking advantage of the global reputation of Mickey.
One of the lawyers summarizes the position of the mastodon: ” Copyright expiration on Steamboat Willie does not allow brands that identify Disney as a source of goods and services ». The argument is high: Mickey is not only a cartoon figure, there remains an official mascot and a planetary commercial ambassador. Disney also continues to use extracts from Steamboat Willie In its animated logo, which can strengthen its rights on this old version of the character.
Since last year, some have not hesitated to take advantage of Mickey’s entry into the public domain. The horror film Screamboatwho diverts the character as an evil creature, has been talked about. But Mickey’s exploitation remains a gray area: creators must avoid blurring the boundaries between free use and brand appropriation. For Disney, beyond the legal question, it is the symbolic and commercial value of its favorite character who is at stake. The law firm, for its part, wants to push the debate even before the courts, which would create a first case law on what it is really allowed to do with the 1928 mickey, shared between public domain and private property.
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