Unburdened By What Has Been
Steamboat Willie, an early version of Disney's Mickey Mouse, has entered the public domain. Look for the character to star in everything from horror movies to porno films.
In 1928, the first version of Mickey Mouse entered the culture in the animated musical comedy Steamboat Willie. Mickey, clad in a top hat, stood at the wheel of a steamboat, whistling, rocking his hips and stomping his feet as the boat tugged along.
For 95 years, Disney’s beloved character was protected under copyright, but Steamboat Willie entered the public domain for the first time in January 2024.
When the copyright expired, variations on Steamboat Willie flooded the marketplace almost immediately. Anyone was free to use his image and persona, at least according to U.S. law. The character remains under copyright in some countries.
But Disney still enjoys copyright protection for later and more familiar versions of Mickey Mouse. The more modern depictions, introduced after 1928, remain under copyright, according to Herbert Smith Freehills, a global law firm.
What does this mean for Disney?
Anyone in the U.S. can now share, adapt or remix Steamboat Willie and the other characters in that early cartoon, including Minnie Mouse. But there are caveats:
- You can use original versions of Mickey and Minnie Mouse from 1928, but copyrightable elements of later iterations remain off limits.
- Don’t confuse consumers by giving the impression that what you have created by adapting the character was something produced by or sponsored by Disney.
Disney fought to keep its copyright for Steamboat Willie for as long as possible, according to TIME magazine. The company lobbied the U.S. government to extend protection before it was set to expire in 1984. In 1976, the law was changed and allowed owners to retain a copyright “for the duration of the life of the author plus an additional 50 years.”
In 1998, other entertainment companies joined Disney in lobbying for an extension of copyright protections to the life of the author, plus 70 years for a maximum of 95 years. The proposal became known as the “Mickey Mouse Protection Act,” but was passed as the Sonny Bono Copyright Term Extension Act.
Still, the fact that Steamboat Willie is no longer protected doesn’t really hurt the company that much, according to Donald P. Harris from the Beasley School of Law. It means Disney will lose revenue “but probably not a significant amount since Disney stopped using this version of Mickey from Steamboat Willie a long time ago.”
Disney’s public domain
Steamboat Willie now joins a list of Disney characters in the public domain, including:
- Winnie the Pooh
- Tigger
- Alice in Wonderland
- Sherlock Holmes
- Robin Hood
- Peter Pan
- Goofy
- Pinocchio
In coming years, the copyrights will run out on characters that include Popeye, Pluto, Donald Duck and Bambi.
Interesting adaptations
Almost immediately after Steamboat Willie’s copyright protection ended, a number of horror film adaptations were announced.
Director Steven LaMorte is set to bring the comedy-horror, Screamboat, to life. David Howard Thornton was cast to play the murderous mouse.
Another horror film is slated for release this year, titled The Return of Steamboat Willie. The animation’s trailer addresses the copyright, summarizing the film as the story of Steamboat Willie’s release after being locked away for 95-years. Now, he’s free and wants his steamboat back.
Horror genre video games are also making an appearance with Infestation: Origins. The trailer features a creepily large Steamboat Willie as the game’s villain. Horror seems to be the go-to once a character is public domain.
Just four days after Steamboat Willie was free of copyright protection, artist Ruben Bolling released a comic titled Tom the Dancing Bug’s Super-Fun-Pak-Comix, which depicts an early Mickey Mouse, Minnie Mouse and Pinocchio. It’s an example of the many illustrated adaptations already released or in the works.
But why stop there? More than 500 porn stars have gone by the stage name Steamboat Willie since Jan. 1, 2024, according to Screen Idle, a movie news website. Apparently it’s not that shocking. Porn performers have already been using the Robin Hood and Winnie The Pooh names.