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'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?

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'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?

The original 1928 script for Disney’s Steamboat Willie, the first cartoon to star Mickey Mouse.

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The original 1928 script for Disney’s Steamboat Willie, the first cartoon to star Mickey Mouse.

Robyn Beck/AFP via Getty Images

An early Walt Disney movie featuring the first appearance of Mickey Mouse is among the copyrighted works from 1928 moving into the public domain on Jan. 1, 2024.

But the cartoon creature who stars in the animated short Steamboat Willie isn’t a lot like the Mickey we know today. He’s more rascally and rough. His roots in the blackface minstrel shows of the time are more apparent.

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And he’s not exactly cuddly. For much of the movie, Mickey amuses himself by forcing barnyard animals into being unwilling musical instruments.

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“You know, he’s evolved so much and become more 3D and colorful,” observes Ryan Harmon, a former Disney Imagineer, of the character today. He remembers anxious talk, when he worked at the company in the 1990s, about the beloved icon eventually entering the public domain.

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But that’s not happening, says Kembrew McLeod, a communications professor and intellectual property scholar at the University of Iowa.

“What is going into the public domain is this particular appearance in this particular film,” he says.

That means people can creatively reuse only the Mickey Mouse from Steamboat Willie. Not the Mickey Mouse in the 1940 movie Fantasia. Nor the one on Mickey Mouse Clubhouse, a kids’ show that aired on the Disney Channel for a decade starting in 2006.

New versions of Mickey Mouse remain under copyright. Copyright applies to creative characters, movies, books, plays, songs and more. And as it happens, Mickey Mouse is also trademarked.

“Trademark law is entirely about protecting brands, logos and names — like Mickey Mouse as a logo, or the name Mickey Mouse,” McLeod says.

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“And of course, trademark law has no end,” adds Harvard Law School professor Ruth Okediji. Disney and other corporations, she says, use trademarks to extend control over intellectual property.” As long as the mark remains distinctive in the supply of goods and services, the owner of the trademark gets to protect that trademark.”

Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain, made this conveniently mouse-shaped explanation of what you can and can’t do with the Steamboat Willie version of Mickey Mouse as of Jan. 1, 2024. Find out more here.

Jennifer Jenkins and Sean Dudley


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Jennifer Jenkins and Sean Dudley


Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain, made this conveniently mouse-shaped explanation of what you can and can’t do with the Steamboat Willie version of Mickey Mouse as of Jan. 1, 2024. Find out more here.

Jennifer Jenkins and Sean Dudley

“It’s something copyright scholars like myself have been concerned about,” she continues. “This effective undermining of the public domain by allowing trademark law to effectively extend the life of a copyrighted work. And it’s my hope that either Congress or the courts will restore the full balance between the protection of creativity and the protection of the public domain, which is also the protection of creativity.”

Now, people should still be able to do things like incorporate clips of Steamboat Willie in an art project, or maybe sell a T-shirt reproducing a frame from the movie. But Okediji cautions if those things infringe on the trademark, or threaten to dilute the trademark because of the way it’s used, then Disney can use the law to assert its ownership.

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This could keep people from making, for example, a Mickey Mouse slasher movie. Which someone actually did when Winnie the Pooh went into the public domain last year.

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“You also can’t just call your restaurant Mickey Mouse on January 1st,” Okediji chuckles. “You can’t say, ‘I’m the Mickey Mouse restaurant.’ That would be a clear trademark violation.”

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The Walt Disney Company has earned a reputation for aggressive litigiousness over such matters. In 1989, it threatened to sue, for example three Florida daycares for painting Disney characters in a mural on its walls.

But more recently, McLeod says, the company has turned its focus from copyright and trademark related lawsuits to curbing online piracy. It’s possible, he says, an old cartoon from 1928 may not be all that valuable in 2024. The company even made Steamboat Willie available on YouTube for free back in 2009.

“Here is the irony,” McCleod says. “Steamboat Willie is based on a popular film at the time.”

Steamboat Bill, Jr. was a Buster Keaton hit that came out earlier that year. Steamboat Willie is a play on its name.

“Mickey Mouse made an appearance in a film for the first time that very much relied on another copyrighted work that helped propel its popularity,” McLeod continues. “When you’re referring to something that’s popular, most likely it’s going to create wider audiences and audiences who are recognizing that that particular reference.”

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As enshrined in the Constitution, he says, copyright was originally intended to protect creators for fewer than 30 years. While copyright extensions may enrich corporations, they impoverish the cultural conversations that rely on relevancy, innovation and creativity to drive artistic and technological progress.

Lifestyle

‘Wait Wait’ for April 18. 2026: With Not My Job guest Phil Pritchard

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‘Wait Wait’ for April 18. 2026: With Not My Job guest Phil Pritchard

Phil Pritchard of the Hockey Hall of Fame works the 2019 NHL Awards at the Mandalay Bay Events Center on June 19, 2019 in Las Vegas, Nevada. (Photo by Bruce Bennett/Getty Images)

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This week’s show was recorded in Chicago with host Peter Sagal, judge and guest scorekeeper Alzo Slade, Not My Job guest Phil Pritchard and panelists Alonzo Bodden, Adam Burke, and Dulcé Sloan. Click the audio link above to hear the whole show.

Who’s Alzo This Time

The Don Vs The Poppa; World’s Worst Doctor; Should We Eat That?

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Panel Questions

Big Cheese News!

Bluff The Listener

Our panelists tell three stories about someone missing a huge opportunity in the news, only one of which is true.

Not My Job: Phil Pritchard, the NHL’s Keeper of the Stanley Cup, answers three questions about the other NHL, National Historic Landmarks

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Peter talks to Phil Pritchard, the NHL’s Keeper of the Stanley Cup. Phil plays our game called, “Let’s Go Visit The NHL” Three questions about National Historic Landmarks.

Panel Questions

The Trump Dump and Air Traffic Control Becomes Animal Control

Limericks

Alzo Slade reads three news-related limericks: Spice Up Your Spring Cleaning; A Fizzy Meaty Drink; The Right Way to Eat Peeps.

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Lightning Fill In The Blank

All the news we couldn’t fit anywhere else

Predictions

Our panelists predict the next big AirBnB story in the news

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How to have the best Sunday in L.A., according to Paul W. Downs

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How to have the best Sunday in L.A., according to Paul W. Downs

Paul W. Downs can’t help it that even on the weekends, his life intersects with “Hacks,” the HBO comedy he co-created and co-showruns with his wife, Lucia Aniello, and their friend Jen Statsky. (He also appears on the show as Jimmy LuSaque Jr., the besieged manager of its two stars, played by Emmy winners Jean Smart and Hannah Einbinder.) The fifth and final season of “Hacks” premiered last week, but on Downs’ days off, he often finds himself at its previous filming locations or hanging out with cast members who have become like family.

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In Sunday Funday, L.A. people give us a play-by-play of their ideal Sunday around town. Find ideas and inspiration on where to go, what to eat and how to enjoy life on the weekends.

Downs moved to Los Angeles in 2011, but soon after, he and Aniello were hired to write (and for him to act) on the über-New York show “Broad City,” keeping them away from the West Coast for years. Now the couple live in Los Feliz, which they enjoy with their young son.

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“I love Los Feliz because it’s a real neighborhood with restaurants and bars, but also feels close to nature with Griffith Park,” Downs says. “Also it’s very central to my Eastside friends and Westside agents.”

And if he had to live at a local mall, like the character Ava Daniels did in the third season of “Hacks,” which would he choose?

“It would be the Americana, obviously.”

Here’s how he’d spend a perfect day in L.A.

10 a.m.: A late rise and a li’l barista

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I’m sleeping in if I can, which I can’t because I have a toddler, but let’s say I can sleep ’til 10. That would be insane.

Then I’m making coffee at home. I’m making it with my 4-year-old because he likes to make my coffee now. He always wanted to help, now he really wants to do it on his own. I’m still there to supervise, but he does do a lot of it.

I do batch brew. I’m doing Verve Coffee that I’m grinding there, and then I’m brewing four cups because I need my coffee. I had a Moccamaster for a long time, but I recently got a Simply Good Coffee. There’s no plastic — it’s all glass and metal.

11 a.m.: Chocolate croissants for everyone

We’re driving to Pasadena and we’re going to [Artisanal Goods by] CAR, which is the place to get the best chocolate croissant, I think, in the world. I don’t just think in L.A., I think they’re better than Paris. I’m going there with my wife and my kid and I’m having another coffee and some pastry. We’re ordering three [chocolate croissants]. We’re not doubling up.

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11:45 a.m.: The family business

We’re driving to Fair Oaks in Pasadena. There’s a place called T.L. Gurley. We shot “Hacks” there, actually. Not only in Season 1, but also full circle in Season 5. We’re going to shmay around and look at antiques. My kid is going to want to play a vintage pinball machine. We’re going to find a little piece of art for the house or what have you. It’s not necessarily that I’m on the hunt. It’s to pass the time and to have some fun. If I could do anything and have a leisurely day and take my mind off work, that’s what I’m doing.

People love to interact with my kid when he’s there. We’re really training him to appraise things at a young age. My parents are part-time dealers of antiques. My grandmother bought and sold antiques. It’s kind of a family business.

1:30 pm.: Baguettes and books

We’re driving to Larchmont and we’re getting a sandwich at Larchmont Village Wine, Spirits & Cheese. I’m doing prosciutto-mozzarella-basil on a baguette.

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Then we’re going to Chevalier’s Books. What’s sad is that I’m often not looking for leisure material. I’m looking for something that I’m interested in learning more about or writing about, or that they’re turning into a show I want to audition for. But we’re also doing Little Golden Books for my son. He’s obsessed. We’re not huge on screen time, so we really encourage the book-buying.

2:30 p.m.: Cast pool party

We’re having some family fun in the pool and we’re doing that until evening. We invite people over all the time. My sister-in-law is a New Yorker, but she actually wrote last season on “The Rooster” and she’s often writing on shows in L.A., so she’s often here and she’ll have a couple friends come over. I know this sounds like a piece of PR or something, but we’ll really literally have Hannah [Einbinder] and maybe Mark Indelicato from “Hacks” come over to swim. Jen, our co-creator of “Hacks,” will come over.

6:00 p.m.: Family dinner

Sometimes we’ll order Grá to the house, which is a pizza place in Echo Park — excellent sourdough crust pizza. But if we don’t do that, an ideal evening is an early dinner at All Time on Hillhurst in Los Feliz. We’re ordering the ceviche and my son is having all of it and not sharing with anybody at the table.

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8:45 p.m.: A thrilling ending to the day

After putting my kid to bed, my wife and I, in an ideal world (full disclosure: we haven’t done this in two years), we’ll watch something together that we’ve been meaning to watch. We have a long list of movies and we either want to revisit or that we haven’t seen that we need to watch.

We don’t watch a lot of comedies. It’s a dream to watch a “Black Bag” or a little espionage thriller. We really like that because it’s so different than the stuff that we’re working on in the day.

Often the things we watch are things that we admire. We like deconstructing it as fans of film and television. We do like talking about the making of it, but it’s less of a critique and more of a listing of the things we appreciated about it.

10:30 p.m.: No work tomorrow

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And then it’s lovemaking ’til morning on a perfect Sunday. If it’s a perfect Sunday, there’s also a Monday that’s off.

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Sitting in a jail cell, alone and hopeless, a man’s life is suddenly changed

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Sitting in a jail cell, alone and hopeless, a man’s life is suddenly changed

Jay (not pictured) found himself alone and hopeless in a jail cell when a fellow inmate’s unexpected words of comfort changed his life.

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When Jay was 22 years old, he was a self-described loner. In this story, he is being identified by his nickname to allow himself to speak candidly about the following experience and his mental health. He says the few people he did hang out with at the time had questionable morals.

 ”I chose my friends poorly, and your friends have a tendency to rub off on you. And so I started making poor decisions,” Jay said.

One evening, when he and his friends were out drinking, someone suggested they should try to break into the chemistry building on his college campus. Most of the group shrugged the suggestion off, deeming it impossible, but Jay was convinced he could pull it off.

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“The next night I made a plan of how to do it, and I did it,” Jay remembered. “And I didn’t get caught doing it, [but] I got caught afterwards.”

At around 1 that morning, Jay was placed in the county detention center. Sitting alone in his cell, reality began to sink in.

“I pretty much thought that my life as I knew it was going to be over, and I had decided that the world would be better off without me in it.”

Jay made a plan to end his life. As he prepared himself, he began to cry.

“But just in that moment when I was ready to do it, I heard a voice coming from the top left corner of my cell, from a little vent. And someone called out to me and said, ‘Hey, is this your first time?’”

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The man who called out was an inmate in the cell next door.

“I collected myself a little bit, and I said, ‘Yeah.’ And he said, ‘Can I pray for you?’”

Jay had grown up religious, but had stopped going to church years before. In that moment, though, he knew he needed support. He said yes, and listened as the man began to pray.

“I wish I could tell you that I remember the [exact] words that he said to me, but what I remember is that his words landed with me, and instead of wanting my life to be over, suddenly I saw hope,” Jay said.

The interaction happened nearly ten years ago, but it was a pivotal moment in Jay’s life, and one he thinks about all the time.

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“[Now], I have a good job. I have a girlfriend who loves me. I have a life. But I have a life because somebody who was in the same situation I was in had the courage to talk to a fellow inmate and be kind.”

Jay says that he wishes he could meet that man again and express his appreciation.

“[I would] shake that guy’s hand, give him a hug, and tell him what his small gesture meant for me, how he changed the course of my life.”

My Unsung Hero is also a podcast — new episodes are released every Tuesday. To share the story of your unsung hero with the Hidden Brain team, record a voice memo on your phone and send it to myunsunghero@hiddenbrain.org.

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