Mickey Mouse has entered the public domain — kind of

SALT LAKE CITY (KTVX) — The Disney icon Mickey Mouse has waltzed on into the public domain — or at least, a version of him has.

On Jan. 1, 2024, thousands of copyrighted works from 1928 became public domain in the United States, meaning they are free for everyone to copy, share or use to build upon. Among those works is the first iteration of Mickey Mouse, otherwise known as "Steamboat Willie".

The black-and-white classic animation is the first feature showing what would become the iconic Mickey and Minnie Mouse. There are still caveats to using the Steamboat Willie and associated characters, of course.

Duke University Center for the Study of the Public Domain Director Jennifer Jenkins, who writes an annual Jan. 1 column for “Public Domain Day," explained that Disney still owns Mickey Mouse's copyright as well as the trademarks for Mickey as a brand identifier. So long as you don't use the mouse in a way that makes people think your work is made or sponsored by Disney and you don't use any newer versions of Mickey, you're in the clear.

“Ever since Mickey Mouse’s first appearance in the 1928 short film Steamboat Willie, people have associated the character with Disney’s stories, experiences, and authentic products," a Disney spokesperson said in a statement to The Associated Press. "That will not change when the copyright in the Steamboat Willie film expires."

Current artists and creators will be able to make use of Mickey, but with major limits. It is only the more mischievous, rat-like, non-speaking boat captain in “Steamboat Willie” that has become public.

“More modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise,” Disney's statement said.

Not every feature or personality trait a character displays is necessarily copyrightable, however, and courts could be busy in the coming years determining what's inside and outside Disney's ownership.

“We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright,” the company said.

Disney still solidly and separately holds a trademark on Mickey as a corporate mascot and brand identifier, and the law forbids using the character deceptively to fool consumers into thinking a product is from the original creator. Anyone starting a film company or a theme park will not be free to make mouse ears their logo.

Disney's statement said it "will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”

“Steamboat Willie," directed by Walt Disney and his partner Ub Iwerks and among the first cartoons to have sound synced with its visuals, was actually the third cartoon featuring Mickey and Minnie the men made, but the first to be released. It features a more menacing Mickey captaining a boat and making musical instruments out of other animals.

Steamboat Willie isn't the only iconic character that now belongs to the public for free use either. According to Jenkins, A.A. Milne's "House at Pooh Corner" entered the public domain, which introduced Winnie the Pooh's loveable bouncy, trouncy, flouncy and pouncy friend Tigger.

The Pooh Bear himself entered public domain in 2022 and has since starred in an R-rated horror slasher film. A sequel to "Winnie The Pooh: Blood and Honey" is reportedly in the works and set to be released later in 2024, with the cast including a role for Tigger.

Other properties entering the U.S. public domain are Charlie Chaplin’s film “Circus,” Virginia Woolf’s novel “Orlando” and Bertolt Brecht's musical play “The Threepenny Opera.”

Jenkins said the public domain should be celebrated as a "wellspring for creativity" In the United States. Copyright culture only reaches the public domain after a long wait - in the case of Steamboat Willie, for example, it took 95 years.

"When works go into the public domain, they can be legally shared, without permission or fee," Jenkins said. "Community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees."

Jenkins said the whole point of copyright is to promote creativity and the public domain plays a central role in that. As more work enters the public domain, other creatives can reimagine previous works creating new movies, cartoons, books, plays, video games and music based on those works.

The Associated Press contributed to this report.