Disney’s rights to young Mickey Mouse may be wrong
2008/08/22/1513RTFA: http://www.latimes.com/business/la-fi-mickey22-200…
Brand experts reckon his value to today’s Walt Disney Co. empire at more than $3 billion. Acts of Congress have extended Mickey’s copyright so long that they provoked a Supreme Court challenge, making Mickey the ultimate symbol of intellectual property.
All signs pointed to a Hollywood ending with Disney and Mickey Mouse living happily ever after — at least until a grumpy former employee looked closely at fine print long forgotten in company archives.
Film credits from the 1920s revealed imprecision in copyright claims that some experts say could invalidate Disney’s long-held copyright, though a Disney lawyer dismissed that idea as “frivolous.”
Although studio executives are not yet hurling themselves from the parapets of Sleeping Beauty’s castle, the unexpected discovery raises an intriguing question: Is it possible that Mickey Mouse now belongs to the world — and that his likeness is usable by anybody for anything?
For the record, any knock-offs would have to make clear that they did not come from Disney, or else risk violating the separate laws that protect trademarks. And the potentially free Mickey is not the most current or familiar version of the famous mouse.
Copyright questions apply to an older incarnation, a rendition of Mickey still recognizable but slightly different. Original Mickey, the star of the first synchronized sound cartoon, “Steamboat Willie,” and other early classics, had longer arms, smaller ears and a more pointy nose.
Long story short, the copyright on Steamboat Willy reads:
A Walt Disney Comic
By Ub Iwerks
Recorded by Cinephone Powers System
Copyright MCMXXIX
…when it should read something more like “A Walt Disney Comic Copyright MCMXXIX” for it to be an unambiguous identification of the owner of the copyright. Instead, it is easy to question: does Ub Iwerks own Mickey? Does Cinephone Powers System? …or does that statement somehow imply that Walt Disney owns it?
What is “Walt Disney Comic” anyway? …is that sortof like “Columbia Pictures“? More to the point, what is Walt Disney? …a corporation? Is “Walt Disney Comic” the intended name of the owner of the copyright? What kind of legal entity is Walt Disney Comic? …or is Comic just something that “Walt Disney” does?
I’m obviously no legal scholar, so perhaps someone can answer these questions… or at least explain what the right questions are. Still, this is a really interesting development.