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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.

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‘Hamnet’ star Jessie Buckley looks for the ‘shadowy bits’ of her characters

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‘Hamnet’ star Jessie Buckley looks for the ‘shadowy bits’ of her characters

Jessie Buckley has been nominated for an Academy Award for best actress for her portrayal of William Shakespeare’s wife in Hamnet.

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Actor Jessie Buckley says she’s always been drawn to the “shadowy bits” of her characters — aspects that are disobedient, or “too much.” Perhaps that’s what led her to play Agnes, the wife of William Shakespeare, in Hamnet.

Buckley says the film, which is based on Maggie O’Farrell’s 2020 novel, offered a chance to counter a common narrative about the playwright’s wife: that she “had kept him back from his genius,” Buckley says.

But, she adds, “What Maggie O’Farrell so brilliantly did, not just with Agnes and Shakespeare’s wife, but also with Hamnet, their son, was to bring these people … and give them status beside this great man. … [And] give the full landscape of what it is to be a woman.”

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The film is nominated for eight Academy Awards, including best actress for Buckley. In it, she plays a woman deeply connected to nature, who faces conflicts in her marriage, as well as the death of their son Hamnet.

Buckley found out she was pregnant a week after the film wrapped. She’s since given birth to her first child, a daughter.

“The thing that this story offered me, that brought me into this next chapter of my life as a mother was tenderness,” she says. “A mother’s tenderness is ferocious. To love, to birth is no joke. To be born is no joke. And the minute something’s born into the world, you’re always in the precipice of life and death. That’s our path. … I wanted to be a mother so much that that overrode the thought of being afraid of it.”

Jessie Buckley stars as Agnes and Joe Alwyn plays her brother Bartholomew in Hamnet.

Jessie Buckley stars as Agnes and Joe Alwyn plays her brother Bartholomew in Hamnet.

Courtesy of Focus Features/Courtesy of Focus Features


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Interview highlights

On filming the scene where she howls in grief when her son dies

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I didn’t know that that was going to happen or come out, it wasn’t in the script. I think really [director] Chloé [Zhao] asked all of us to dare to be as present as possible. Of course, leading up to it, you’re aware this scene is coming, but that scene doesn’t stand on its own. By the time I’d met that scene, I had developed such a deep bond with Jacobi Jupe, who plays Hamnet, and [co-stars] Paul [Mescal] and Emily Watson, and all the children and we really were a family. And Jacobi Jupe who plays Hamnet is such an incredible little actor and an incredible soul, and we really were a team. …

The death of a child is unfathomable. I don’t know where it begins and ends. Out of utter respect, I tried to touch an imaginary truth of it in our story as best I could, but there’s no way to define that kind of grief. I’m sure it’s different for so many people. And in that moment, all I had was my imagination but also this relationship that was right in front of me with this little boy and that’s what came out of that.

On what inspired her to pursue singing growing up

I grew up around a lot of music. My mom is a harpist and a singer and my dad has always been passionate about music, so it was always something in our house and always something that was encouraged. … Early on, I have very strong memories of seeing and hearing my mom sing in church and this quite intense mercurial conversation that would happen between her, the story and the people that would listen to her. And at the end of it, something had been cracked between them and these strangers would come up with tears in their eyes. And I guess I saw the power of storytelling through my mom’s singing at a very young age, and that was definitely something that made me think I want to do that.

On her first big break performing as a teen on the BBC singing competition I’d Do Anything — and being criticized by judges about her physical appearance

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I was raw. I hadn’t trained. I had a lot to learn and to grow in. I was only 17. I think there was part of their criticism which I think was destructive and unfair when it became about my awkwardness, or they would say I was masculine and send me to kind of a femininity school. … They sent me to [the musical production of] Chicago to put heels on and a leotard and learn how to walk in high heels, which was pretty humiliating, to be honest, and I’m sad about that because I think I was discovering myself as a young woman in the world and wasn’t fully formed. … I was different. I was wild, I had a lot of feeling inside me. I could hardly keep my hands beside myself and I think to kind of criticize a body of a young woman at that time and to make her feel conscious of that was lazy and, I think, boring.

On filming parts of the 2026 film The Bride! while pregnant

I really loved working when I was pregnant. I thought it was a pretty wild experience, especially because I was playing Mary Shelley and I was talking about [this] monstrosity, and here I was with two heartbeats inside me. Becoming a mom and being pregnant did something, I think, for me. My experience of it, it’s so real that it really focuses [me to be] allergic to fake or to disconnection.

Since my daughter has come and I know what that connection is and the real feeling of being in a relationship with somebody … as an actress, it’s very exciting to recognize that in yourself and really take ownership of yourself.

I’m excited to go back and work on this other side of becoming a mother in so many ways, because I’ve shed 10 layers of skin by loving more and experiencing life in such a new way with my daughter. I’m also scared to work again because it’s hard to be a mother and to work. That’s like a constant tug because I love what I do and I’m passionate and I want to continue to grow and learn and fill those spaces that are yet to be filled — and also be a mother. And I think every mother can recognize that tug.

On the possibility of bringing her daughter to travel with her as she works

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I haven’t filmed for nearly a year and I cannot wait. I’m hungry to create again. And my daughter will come with me. She’s seven months, so at the moment she can travel with us and it’s a beautiful life. And she meets all these amazing people and I have a feeling that she loves life and that’s a great thing to see in a child. And I hope that’s something that I’ve imparted to her in the short time that she’s been on this earth is that life is beautiful and great and complex and alive and there’s no part of you that needs to be less in your life. You might have to work it out, but it’s worth it.

Lauren Krenzel and Susan Nyakundi produced and edited this interview for broadcast. Bridget Bentz, Molly Seavy-Nesper and Beth Novey adapted it for the web.

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‘Evil Dead’ Star Bruce Campbell Reveals He Has Cancer

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‘Evil Dead’ Star Bruce Campbell Reveals He Has Cancer

Bruce Campbell
I’m Battling Cancer

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‘Scream 7’ takes a weak stab at continuing the franchise : Pop Culture Happy Hour

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‘Scream 7’ takes a weak stab at continuing the franchise : Pop Culture Happy Hour

Neve Campbell in Scream 7.

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The OG Scream Queen Neve Campbell returns. Scream 7 re-centers the franchise back on Sidney Prescott. She has a new life, a family, and lots of baggage. You know the drill: Someone dressing up as the masked slasher Ghostface comes for her, her family and friends. There’s lots of stabbing and murder and so many red herrings it’s practically a smorgasbord.

Follow Pop Culture Happy Hour on Letterboxd at letterboxd.com/nprpopculture

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