Today, January 1st, 2024, the Disney cartoon “Steamboat Willie” enters the public domain, along with the very earliest iteration of Mickey Mouse.

It was supposed to happen in 2004, but because of efforts by Disney and other copyright holders to lobby Congress in the late ’90s, the protection was extended by another 20 years.

As any strict constructionist could tell you, the Constitution expressly says that copyright protection cannot be perpetual or indefinite.

Nevertheless, I honestly never thought this day would come. I thought Disney would file some sort of last-minute injunction or something.

So that’s it, then? That means the Mouse is up for grabs?

Not quite.

It’s just the earliest version of Mickey that has entered the public domain. Later versions, e.g., the ones with pupils, are still under protection. 

Furthermore, Disney has been using a clip of Mickey driving the boat and whistling in “Steamboat Willie” as a trademark for several years. Unlike copyrights, trademark protection endures indefinitely as long as the owner keeps using the trademark.

I read an article the other day, which I didn’t save because it made me mad, saying that Disney copyright lawsuits have dropped off since 2006. Nevertheless, I think we will shortly see a marked increase in Disney trademark infringement lawsuits. 

The expiration of copyright and the long-overdue entry of creative works into the public domain is certainly something to celebrate. Yet I can’t help but mourn the more obscure works that should have entered the public domain 20 years ago that have been lost in limbo, perhaps forever, because of the Mouse House’s greed and self-centeredness.