Mickey Mouse - Legal Issues

Legal Issues

It is sometimes erroneously stated that the Mickey Mouse character is only copyrighted. In fact, the character, like all major Disney characters, is also trademarked, which lasts in perpetuity as long as it continues to be used commercially by its owner. So, whether or not a particular Disney cartoon goes into the public domain, the characters themselves may not be used as trademarks without authorization. However, within the United States, European Union and some other jurisdictions, the Copyright Term Extension Act (sometimes called the 'Mickey Mouse Protection Act' because of extensive lobbying by the Disney corporation) and similar legislation has ensured that works such as the early Mickey Mouse cartoons will remain under copyright until at least 2023. However, some copyright scholars argue that Disney's copyright on the earliest version of the character may be invalid due to ambiguity in the copyright notice for Steamboat Willie.

The Walt Disney Company has become well known for protecting its trademark on the Mickey Mouse character, whose likeness is closely associated with the company, with particular zeal. In 1989, Disney threatened legal action against three daycare centers in Florida for having Mickey Mouse and other Disney characters painted on their walls. The characters were removed, and rival Universal Studios replaced them with Universal cartoon characters.