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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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Robyn Beck/AFP via Getty Images


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.

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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.

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Sunday Puzzle: New newsmakers of 2025

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Sunday Puzzle: New newsmakers of 2025

On-air challenge

Every year around this time I present a “new names in the news” quiz. I’m going to give you some names that you’d probably never heard before 2025 but that were prominent in the news during the past 12 months. You tell me who or what they are.

1. Zohran Mamdani

2. Karoline Leavitt

3. Mark Carney

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4. Robert Francis Prevost (hint: Chicago)

5. Jeffrey Goldberg (hint: The Atlantic)

6. Sanae Takaichi

7. Nameless raccoon, Hanover County, Virginia

Last week’s challenge

Last week’s challenge came from Joseph Young, of St. Cloud, Minn. Think of a two-syllable word in four letters. Add two letters in front and one letter behind to make a one-syllable word in seven letters. What words are these?

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Challenge answer

Ague –> Plagued / Plagues / Leagues

Winner

Calvin Siemer of Henderson, Nev.

This week’s challenge

This week’s challenge is a numerical one from Ed Pegg Jr., who runs the website mathpuzzle.com. Take the nine digits — 1, 2, 3, 4, 5, 6, 7, 8, 9. You can group some of them and add arithmetic operations to get 2011 like this: 1 + 23 ÷ 4 x 5 x 67 – 8 + 9. If you do these operations in order from left to right, you get 2011. Well, 2011 was 15 years ago.  Can you group some of the digits and add arithmetic symbols in a different way to make 2026? The digits from 1 to 9 need to stay in that order. I know of two different solutions, but you need to find only one of them.

If you know the answer to the challenge, submit it below by Thursday, January 8 at 3 p.m. ET. Listeners whose answers are selected win a chance to play the on-air puzzle.

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Daniel Tosh Sells Lake Tahoe Estate for $10.75 Million

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Daniel Tosh Sells Lake Tahoe Estate for .75 Million

Daniel Tosh
Sells Lake Tahoe Home for Millions

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What worked — and what didn’t — in the ‘Stranger Things’ finale

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What worked — and what didn’t — in the ‘Stranger Things’ finale

Sadie Sink as Max Mayfield.

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Yes, there are spoilers ahead for the final episode of Stranger Things

On New Year’s Eve, the very popular Netflix show Stranger Things came to an end after five seasons and almost 10 years. With actors who started as tweens now in their 20s, it was probably inevitable that the tale of a bunch of kids who fought monsters would wind down. In the two-plus-hour finale, there was a lot of preparation, then there was a final battle, and then there was a roughly 40-minute epilogue catching up with our heroes 18 months later. And how well did it all work? Let’s talk about it.

Worked: The final battle

The strongest part of the finale was the battle itself, set in the Abyss, in which the crew battled Vecna, who was inside the Mind Flayer, which is, roughly speaking, a giant spider. This meant that inside, Eleven could go one-on-one with Vecna (also known as Henry, or One, or Mr. Whatsit) while outside, her friends used their flamethrowers and guns and flares and slingshots and whatnot to take down the Mind Flayer. (You could tell that Nancy was going to be the badass of the fight as soon as you saw not only her big gun, but also her hair, which strongly evoked Ripley in the Alien movies.) And of course, Joyce took off Vecna’s head with an axe while everybody remembered all the people Vecna has killed who they cared about. Pretty good fight!

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Did not work: Too much talking before the fight

As the group prepared to fight Vecna, we watched one scene where the music swelled as Hopper poured out his feelings to Eleven about how she deserved to live and shouldn’t sacrifice herself. Roughly 15 minutes later, the music swelled for a very similarly blocked and shot scene in which Eleven poured out her feelings to Hopper about why she wanted to sacrifice herself. Generally, two monologues are less interesting than a conversation would be. Elsewhere, Jonathan and Steve had a talk that didn’t add much, and Will and Mike had a talk that didn’t add much (after Will’s coming-out scene in the previous episode), both while preparing to fight a giant monster. It’s not that there’s a right or wrong length for a finale like this, but telling us things we already know tends to slow down the action for no reason. Not every dynamic needed a button on it.

Worked: Dungeons & Dragons bringing the group together

It was perhaps inevitable that we would end with a game of D&D, just as we began. But now, these kids are feeling the distance between who they are now and who they were when they used to play together. The fact that they still enjoy each other’s company so much, even when there are no world-shattering stakes, is what makes them seem the most at peace, more than a celebratory graduation. And passing the game off to Holly and her friends, including the now-included Derek, was a very nice touch.

Charlie Heaton as Jonathan Byers, Natalia Dyer as Nancy Wheeler, Maya Hawke as Robin Buckley, and Joe Keery as Steve Harrington holding up drinks to toast.

Charlie Heaton as Jonathan Byers, Natalia Dyer as Nancy Wheeler, Maya Hawke as Robin Buckley, and Joe Keery as Steve Harrington.

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Did not work: Dr. Kay, played by Linda Hamilton

It seemed very exciting that Stranger Things was going to have Linda Hamilton, actual ’80s action icon, on hand this season playing Dr. Kay, the evil military scientist who wanted to capture and kill Eleven at any cost. But she got very little to do, and the resolution to her story was baffling. After the final battle, after the Upside Down is destroyed, she believes Eleven to be dead. But … then what happened? She let them all call taxis home, including Hopper, who killed a whole bunch of soldiers? Including all the kids who now know all about her and everything she did? All the kids who ventured into the Abyss are going to be left alone? Perfect logic is certainly not anybody’s expectation, but when you end a sequence with your entire group of heroes at the mercy of a band of violent goons, it would be nice to say something about how they ended up not at the mercy of said goons.

Worked: Needle drops

Listen, it’s not easy to get one Prince song for your show, let alone two: “Purple Rain” and “When Doves Cry.” When the Duffer Brothers say they needed something epic, and these songs feel epic, they are not wrong. There continues to be a heft to the Purple Rain album that helps to lend some heft to a story like this, particularly given the period setting. “Landslide” was a little cheesy as the lead-in to the epilogue, but … the epilogue was honestly pretty cheesy, so perhaps that’s appropriate.

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Did not work: The non-ending

As to whether Eleven really died or is really just backpacking in a foreign country where no one can find her, the Duffer Brothers, who created the show, have been very clear that the ending is left up to you. You can think she’s dead, or you can think she’s alive; they have intentionally not given the answer. It’s possible to write ambiguous endings that work really well, but this one felt like a cop-out, an attempt to have it both ways. There’s also a real danger in expanding characters’ supernatural powers to the point where they can make anything seem like anything, so maybe much of what you saw never happened. After all, if you don’t know that did happen, how much else might not have happened?

This piece also appears in NPR’s Pop Culture Happy Hour newsletter. Sign up for the newsletter so you don’t miss the next one, plus get weekly recommendations about what’s making us happy.

Listen to Pop Culture Happy Hour on Apple Podcasts and Spotify.

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