When discussing intellectual property, the distinction between copyright and trademark often comes into play. A great example of this is the world of Walt Disney characters, particularly those from the Mickey Mouse universe. Let’s break down how these two forms of protection work and how they intersect over time.
Copyright is designed to protect original works of authorship, whether they’re books, music, films, or characters. When something is created, like Mickey Mouse or other characters in the Disney universe, it becomes eligible for copyright protection. However, copyright has a time limit—it doesn’t last forever. Once this protection expires, the work enters the public domain, meaning anyone can use it without needing permission.
While copyright protects the original work itself, trademark protection is different. Trademark works to identify the source of goods or services. Over time, characters like Mickey Mouse can become so distinctive that they no longer serve just as creative works—they also function as trademarks, representing the Disney brand in a commercial context.
Here’s where it gets interesting. Even though Disney characters are falling into the public domain on a yearly basis, trademark protection still applies. For instance, while copyright on the original Mickey Mouse cartoon may expire, Mickey Mouse as a trademarked figure remains protected as long as Disney continues to use him in association with goods and services. This is why you might still face legal issues if you use these characters commercially, even after their copyright has lapsed.
Trademark protection can theoretically last forever, as long as it’s actively used and maintained. So, while you may have the freedom to use a character under public domain rules, selling merchandise or offering services featuring that character might still lead to trademark infringement. For example, if you sell Mickey Mouse-themed products that could confuse consumers into thinking they’re affiliated with Disney, you could be liable for trademark violations.
If you’re considering using a public domain character like Mickey Mouse, it’s essential to understand these two forms of protection. While the copyright may have expired, trademark protection could still be in play, especially if the character is tied to goods or services associated with the original creator. Always tread carefully to avoid potential legal pitfalls.
By understanding the distinctions between copyright and trademark—and how they can overlap—you’ll be better equipped to navigate the complexities of intellectual property law in creative and commercial endeavors.