Steamboat Willie - Copyright Status

Copyright Status

The film has been the center of a variety of controversies regarding copyright. The copyright of the film has been repeatedly extended by acts of the United States Congress. However, recent evidence suggests that the film may be in the public domain due to technicalities related to the original copyright notice.

The film has been the center of some attention regarding the 1998 Copyright Term Extension Act passed in the United States. Steamboat Willie has been close to entering the public domain in the U.S. several times. Each time, copyright protection has been extended. It could have entered public domain in 4 different years; first in 1956, renewed to 1984, then to 2003 by the Copyright Act of 1976, and finally to the current public domain date of 2023 by the Copyright Term Extension Act (also known pejoratively as the "Mickey Mouse Protection Act") of 1998. The U.S. copyright on Steamboat Willie will be in effect through 2023 unless there is another extension of the law.

It has been claimed that these extensions were a response by the Congress to extensive lobbying by The Walt Disney Company. Others claim that the copyright extensions Congress has passed in recent decades have followed extensions in international copyright conventions to which the United States is a signatory. (See US Copyright Law, Universal Copyright Convention, and Berne Convention.)

In the 1990s, former Disney researcher Gregory S. Brown determined that the film was likely in U.S. public domain already due to errors in the original copyright formulation. In particular, the original film's copyright notice had two additional names between Disney and the copyright statement. Thus, under the rules of the Copyright Act of 1909, all copyright claims would be null. Arizona State University professor Dennis Karjala suggested that one of his law school students look into Brown's claim as a class project. Lauren Vanpelt took up the challenge and produced a paper agreeing with Brown's claim. She posted her project on the Web in 1999. Disney later threatened to sue a Georgetown University law student who wrote a paper confirming Brown's claims.