One version of Mickey Mouse is now in the public domain

On Jan. 1, 2024, a version of Disney's iconic mascot, Mickey Mouse, became one of the latest creative works to enter the public domain. 

After Mickey’s likeness became publicly available, a horror movie trailer and video game, each with Mickey Mouse cast as a slasher, were shared online. 

However, some social posts suggested many versions of the iconic mouse are now available for public use. This X post with more than 3 million views says “Hey Disney, The Mouse is Ours” and includes a picture of modern-day Mickey Mouse. Other posts, such as this post, say only one version of Mickey Mouse -- the one seen in 1928’s “Steamboat Willie” -- is available for public use.

THE QUESTION

Is Mickey Mouse in the public domain?

THE SOURCES

• U.S. copyright laws
• Aaron J. Moss, J.D., copyright attorney, chair of Greenberg Glusker’s litigation department and founder of Copyright Lately
• Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain

THE ANSWER

The earliest version of Mickey Mouse from the 1928 animated film "Steamboat Willie" is now in the public domain.  But modern versions of Mickey are still copyright protected.

WHAT WE FOUND

U.S. copyright law says copyright protection lasts only for a limited period of time. For works published between 1923 and 1977, the copyright protections last for 95 years from the date of their publication. 

The original version of Mickey Mouse from “Steamboat Willie,” an eight-minute short film released in 1928, entered the public domain on Jan. 1, 2024, 96 years from the date of publication. This means no permission will be needed to copy or use the original version of the Mickey Mouse character featured in the short film. 

For example, if an author wanted to include a picture of that version of Mickey Mouse in their book, they could do so without needing to get permission from Disney to use it. And Disney would not be able to enforce a theoretical copyright infringement lawsuit against the author.

Aaron J. Moss, a copyright attorney at Greenberg Glusker law firm in Los Angeles, wrote on his website that the original version of Mickey Mouse featured in “Steamboat Willie” had black eyes, small ears and a pointy nose. Over time, Mickey Mouse’s appearance has evolved to the version we know today — and that Mickey is still protected by copyright. 

“These later versions of Mickey will still be protected by copyright even after the character’s original iteration enters the public domain,” Moss wrote.

In a statement to the Associated Press, Disney also confirmed that “more modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright.” 

“Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise,” the statement to the AP said. 

VERIFY reached out to Disney for further comment but did not hear back at the time of publication.

Mickey Mouse’s “Steamboat Willie” character was supposed to enter public domain in 2004, but Disney and other copyright holders lobbied to extend the deadline, resulting in Congress passing the 1998 Copyright Term Extension Act that added another 20 years of protections, according to Duke University's Center for the Study of the Public Domain. 

Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain, says the 1998 extension is “sometimes derisively referred to as the Mickey Mouse Protection Act.” 

So, while the 1928 "Steamboat Willie" version of Mickey Mouse is fair game for anybody to use, not all versions of Mickey Mouse are available for use without express written permission from Disney.

This story is also available in Spanish / Lee este artículo también en español: Una versión de Mickey Mouse es ahora de dominio público