Mickey Mouse enters the public domain - but probably not in Germany

Disney's copyright to "Steamboat Willie" and thus Mickey Mouse has expired in the USA. But the Disney mouse is probably not yet in the public domain in Germany.

Disney has lost copyright

After a long battle, Disney has lost the copyright to the early version of its most famous character in the USA: the version of Mickey Mouse shown in the 1928 animated film "Steamboat Willie" has been in the public domain in the USA since January 1. "Steamboat Willie" and the version of Mickey Mouse it contains can therefore be distributed and modified by anyone.

But there are restrictions: On the one hand, the expired copyright only applies to the old version of Mickey Mouse, who does not wear gloves, for example. In addition, Disney retains the trademark rights to the famous cartoon mouse. This is primarily intended to prevent confusion among the public, explains Jennifer Jenkins, Director of the Duke Center for the Study of the Public Domain, in an article. This means that independent works featuring Mickey Mouse should not give the impression that Disney itself was involved in the production.

Disney retains copyright in Germany

The copyright to Mickey Mouse only expires in the USA. In Germany, for example, Disney probably retains the copyright to Mickey Mouse, according to media law expert Nicolas John's assessment of the legal situation in an article in the DFN-Verein's Infobrief Recht (pdf).

In many countries, including Germany, copyright is valid until 70 years after the death of the last person to die. In the case of "Steamboat Willie", this is Ub Iwerks, who lived until 1971. The Berne Convention, a treaty under international law, stipulates that a work can be protected for a maximum of as long as in the country of origin. However, Germany and the USA signed a bilateral copyright agreement back in 1892, which, according to John, takes precedence - and does not contain any clauses that equate the term of protection in Germany with that in the USA.

Unclear legal situation: ruling could provide clarity

In practice, this would mean that works created by US citizens or companies could remain protected in Germany even if the copyrights in the USA have already expired. The normal German term of protection would then apply. This means that "Steamboat Willie" and Mickey Mouse would still be protected in Germany until 2041 - 70 years after Ub Iwerks' death. "A ruling could provide clarity on this legal issue," said John when asked by heise online.

Source: www.heise.de