US Trademark Office cancels Marvel, DC's 'Super Hero' marks; Reuters, September 26, 2024

Blake Brittain , Reuters; US Trademark Office cancels Marvel, DC's 'Super Hero' marks

"A U.S. Trademark Office tribunal has canceled a set of "Super Hero" trademarks jointly owned by comic giants Marvel and DC at the request of a London-based comic book artist, according to a Thursday order.

The USPTO's Trademark Trial and Appeal Board ruled for S.J. Richold's Superbabies Ltd after Disney's Marvel and Warner Bros' DC did not file an answer to Superbabies' request to invalidate the marks.

Spokespeople and attorneys for Marvel and DC did not immediately respond to requests for comment. Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg said in a statement that the ruling was "not just a win for our client but a victory for creativity and innovation."

"By establishing SUPER HEROES' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers," Adler said."

Paraguay Loves Mickey, Its Cartoon Mouse. Disney Doesn’t.; The New York Times, September 14, 2024

Laurence Blair,

Photographs by María Magdalena Arréllaga

, The New York Times; Paraguay Loves Mickey, Its Cartoon Mouse. Disney Doesn’t.

"Paraguayans are notoriously creative — some would say light-fingered — when it comes to intellectual property.

Factories churn out knockoff Nike, Lacoste, and Adidas clothing.Paraguay’s educational authorities warned last year that Harvard University Paraguay — in Ciudad del Este, the country’s second-largest city and a counterfeiting hot spot — was awarding bogus medical degrees. (The school has no connection to the more famous Harvard.)

Paraguay ranks 86th out of 125 countries in an index compiled by the Property Rights Alliance, a research institute based in Washington, scoring 1.7 out of 10 for copyright protection."

How A Mickey Mouse Horror Movie Is Releasing Only 2 Months After Disney Lost The Copyright; Screen Rant, January 31, 2024

 EIDHNE GALLAGHER, Screen Rant; How A Mickey Mouse Horror Movie Is Releasing Only 2 Months After Disney Lost The Copyright

"Mickey Mouse is one of several popular characters who have entered the public domain in the 2020s. However, this upcoming horror movie is solely focusing on the Steamboat Willie version of Mickey Mouse. While the copyright claim on Steamboat Willie has expired, Disney has not lost all their rights to their mascot. Every Mickey Mouse movie and character evolution that took place after Steamboat Willie remains protected under copyright law, and Disney will continue to use the character as a trademarked mascot."

Mickey Mouse is finally in the public domain. Here’s what that means.; The Washington Post, January 1, 2024

 Michael Cavna, The Washington Post; Mickey Mouse is finally in the public domain. Here’s what that means.

"Jennifer Jenkins, a law professor and director of Duke University’s Center for the Study of the Public Domain, says that from a copyright angle — trademark considerations are a different matter — “You can use Mickey and Minnie 1.0 from ‘Steamboat Willie’ and ‘Plane Crazy,’ but you cannot use the aggregated later Mickey that, for example, appears in one of my favorite films, ‘Fantasia.’ You cannot use the copyrightable aspect of the character from later, still-in-copyright works.”"

Disney loses famous Mickey Mouse copyright in 2024, along with many others; CBS News, December 30, 2023

CBS News ; Disney loses famous Mickey Mouse copyright in 2024, along with many others

"Copyright protections on many well-known books, films and musical compositions are set to expire in 2024. Disney's Mickey Mouse is getting a lot of attention as one famous iteration of the classic mouse is set to enter the public domain. CBS News' Jo Ling Kent has the story."

Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws; Los Angeles Times, December 26, 2023

MICHAEL HILTZIK, Los Angeles Times ; Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws

"Once a work enters the public domain, Jenkins says, “community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books, and the New York Public Library can make works fully available online. This helps enable access to cultural materials that might otherwise be lost to history. ... Anyone can rescue them from obscurity and make them available, where we can all discover, enjoy, and breathe new life into them.”

In some cases, extended copyright seems to work against the public interest. Consider the stringent control exercised by the estate of the Rev. Martin Luther King Jr. — mostly his children — over his speeches and writings such as the “I Have a Dream” speech he delivered in Washington, D.C., on Aug. 28, 1963...

The irony of the term extension is that Disney, which pushed so hard to keep its own creations out of the public domain, is perhaps our most assiduous exploiter of, yes, the public domain.

The core material of some of its most successful and profitable movies comes from Hans Christian Andersen, Shakespeare, Lewis Carroll and Charles Perrault — often freely reimagined and rewritten by Disney artists and writers. 

Disney’s “Fantasia” mined musical history for compositions by Bach and Beethoven, but if the copyright terms Disney pushed for in 1998 were in place when the film was made in 1940, the compositions used in the film by Stravinsky, Ponchielli, Dukas, Tchaikovsky and Mussorgsky would still be under copyright protection. If Disney had to pay licensing fees to those creators, the film probably could not have been made."

Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’; Variety, December 22, 2023

 Gene Maddaus, Variety; Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’

"Every Jan. 1, Jenkins celebrates Public Domain Day, publishing a long list of works that are now free for artists to remix and reimagine. This year’s list includes Tigger, who, like Mickey Mouse, made his first appearance in 1928. Other 1928 works include “Lady Chatterley’s Lover,” “All Quiet on the Western Front” and Buster Keaton’s “The Cameraman.” 

The celebrations are relatively recent. After Congress extended copyright terms in 1998, 20 years went by when nothing entered the public domain. Works began to lose copyright protection again in 2019, and since then, it’s been open season on “The Great Gatsby,” “Rhapsody in Blue” and Winnie the Pooh...

Lessig fought the extension all the way to the Supreme Court. He argued that Congress might keep granting extensions, thwarting the constitutional mandate that copyrights be “for limited times.” He lost, 7-2, but the debate helped advance the movement for Creative Commons and an appreciation for the benefits of “remix culture.”

“That movement awoke people to the essential need for balance in this,” Lessig said. “At the beginning of this fight, it was a simple battle between the pirates and the property owners. And by the end of that period, people recognized that there’s a much wider range of interests that were involved here, like education and access to knowledge.”...

He continues to support reforms that would free up a vast body of cultural output that remains inaccessible because it lacks commercial value and its ownership cannot be determined."

Original Mickey And Minnie Mouse Will Enter Public Domain Next Week—Here’s What It Means For Creators; Forbes, December 22, 2023

 Mary Whitfill Roeloffs, Forbes; Original Mickey And Minnie Mouse Will Enter Public Domain Next Week—Here’s What It Means For Creators

"Two of the most sought-after characters in film and television are set to enter the public domain on Jan. 1, which will allow creators to use the original versions of Mickey and Minnie Mouse to create new projects of any kind, likely adding to a lineup of films and books like “Winnie the Pooh: Blood and Honey” and “Pride and Prejudice and Zombies” based on other popular characters with expired copyrights."

Disney is about to lose its decades-long battle to keep Mickey Mouse out of the public domain; Business Insider, December 14, 2023

Grace Eliza Goodwin, Business Insider; Disney is about to lose its decades-long battle to keep Mickey Mouse out of the public domain

"That 1998 law is what all copyrights operate under today. But there hasn't been another extension to the law, so starting January 1, anyone can use Steamboat Willie.

But even though the Steamboat Willie version of Mickey Mouse is entering the public domain, Disney doesn't need to be too worried about imposter Mickeys popping up around the world. 

Every time the company creates an altered version of the character, it gets copyrighted, and all modern depictions of the friendly mouse are protected, according to LUC's blog. Disney also owns trademarks on the modern incarnation of Mickey Mouse, giving the brand's mascot even more protection."

Marvel, artist's estate ask for pre-trial wins in superhero copyright fight; Reuters, May 22, 2023

 Blake Brittain, Reuters; Marvel, artist's estate ask for pre-trial wins in superhero copyright fight

"Walt Disney Co’s Marvel and the estate of artist Steve Ditko both asked a Manhattan federal judge on Friday to hand them a win without waiting for trial in their copyright dispute over rights to superheroes Spider-Man and Doctor Strange."

Winnie-the-Pooh: Blood and Honey Is Building to an Anti-Disney Horror Universe; CBR, February 9, 2023

ANDREAS NEUENKIRCHEN, CBR ; Winnie-the-Pooh: Blood and Honey Is Building to an Anti-Disney Horror Universe

Disney characters beware -- Winnie-the-Pooh: Blood and Honey intends to kick off a shared universe of public domain properties in a horror setting.

"Winnie-the-Pooh: Blood and Honey portrays the title character and his companion Piglet as bloodthirsty, feral slashers after having been abandoned by their friend Christopher Robin. This new interpretation became a possibility when the first Winnie-the-Pooh book by A. A. Milne went into the public domain in January 2022 (Disney still holds the rights to its specific depictions of the characters)."

Mickey Mouse's Impending Copyright Expiration Explained; Screen Rant, January 8, 2023

CLOTILDE CHINNICI, Screen Rant; Mickey Mouse's Impending Copyright Expiration Explained

"It seems likely that Disney will maintain its copyright over Mickey Mouse for the foreseeable future. In particular, Mickey Mouse will remain under Disney's property because it is a registered trademark. In fact, this would let Disney keep ownership of Mickey Mouse as its trademark potentially forever, thus allowing Mickey Mouse to feature in future and upcoming Disney films. Unlike copyright, which expires after a certain amount of years, trademark protection can endure in perpetuity, as long as Disney can claim that the character of Mickey Mouse is associated with the Walt Disney company itself.

Ultimately, Mickey Mouse will still to be a legally protected Disney product. The strong association between Disney and Mickey Mouse, one that the company itself has invested in, represents a strong protection for Disney as the trademark will not expire any time soon, giving Disney control over Mickey Mouse. Despite the copyright law and Steamboat Willie's copyright expiration, Disney's approval is still required for others to use Mickey Mouse material, even the one that will eventually become public domain, in anything outside of fair use, thanks to the mouse's trademark protection."

The Copyright Death (and Rebirth) of Mickey Mouse; Puck, January 2, 2023

Eriq Gardner, Puck; The Copyright Death (and Rebirth) of Mickey Mouse

"Another wrinkle is that the passing of copyrights into the public domain doesn’t necessarily mean there are fewer copyrighted works. On the contrary, it usually leads to more copyrights for each new remake. Consider the Sherlock Holmes canon: Warner Bros. has copyrights to its Robert Downey Jr. movies; the BBC has copyrights for its Sherlock episodes; CBS has them for Elementary, and so on. Netflix created an entirely new Sherlock-adjacent character, and now enjoys copyrights for its Enola Holmes films. Of course, only those elements that are truly original are eligible for new protections, which is why the BBC considered suing CBS over its own contemporary spin on the detective series (before thinking better of it).

After all, Hollywood studios are sued all the time for allegedly ripping off others. Fortunately for these studios, copyright lawsuits almost always fail because the law only protects original expression, not generic, time-worn genre tropes. Studios tend to be well represented and are usually adept at giving judges sound arguments for why their works don’t infringe. Nevertheless, with more people playing in the same sandboxes comes the increasing prospect of studios being sued for using famous characters in a particular way. So I’ll end with a prediction: There will come a time when Disney gets sued for infringing some new version of Mickey Mouse—and the studio defends itself by pointing to what’s in the public domain."

Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property; The New York Times, December 27, 2022

 Brooks Barnes, The New York Times ; Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property

"Ms. Ginsburg said she was watching closely to see if Disney and other entertainment companies tried to apply trademark law as a substitute for or extension of copyright — as she put it, “apply a separate protection to get to the same place.” In a Supreme Court intellectual property case from 2003 involving 20th Century Fox, Justice Antonin Scalia, writing for the court, warned of using trademarks to generate “a species of mutant copyright law.”"

Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself; Los Angeles Times, May 11, 2022

 HUGO MARTÍN, Los Angeles Times; Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself

"No legislation has been proposed to extend the copyright a third time, and copyright experts and lawmakers say it’s not likely that any legislators will want to lead that battle, given the opposition and fury it generated in the 1990s. Other companies’ copyrighted characters would also expire, sending more notable characters into the public domain. 

Disney critics say the company continues to have influence over copyright law, pointing to the recent naming of Suzanne Wilson as the general counsel and associate register of copyrights for the United States Copyright Office. She formerly oversaw intellectual property and interactive and media legal functions for Walt Disney Co.

Legal experts say the debate over copyright protection is moot because the only version of Mickey Mouse that is expiring is the 1928 black-and-white one depicted in “Steamboat Willie.” Copyright protections remain in place for later versions of Mickey Mouse, the more commercially recognized one that wears white gloves, has bigger ears, distinctive eyes and a pet dog named Pluto, according to experts.

Crucially, Disney also still holds trademark protection on Mickey Mouse, which does not expire. While a copyright keeps other companies from replicating the Mickey Mouse image, a trademark ensures that other companies can’t use the Mickey Mouse image in a way that might suggest their products are made by Disney."

New Bill to Limit Copyright to 56 Years, Would be Retroactive; PetaPixel, May 13, 2022

JAMES DERUVO, PetaPixel; New Bill to Limit Copyright to 56 Years, Would be Retroactive

"Senator Josh Hawley has introduced a bill that would cap copyright on intellectual property to a maximum of 56 years, with no extensions. If passed, the bill would also retroactively apply to existing copyrights.

f the bill passes it would impact hundreds if not thousands of intellectual works currently enjoying the protection nearly 100 years after the death of the original copyright holder.

Though the bill doesn’t mention Disney specifically by name, the Copyright Clause Restoration Act of 2022, which has been submitted by Republican Senator Josh Hawley (MS), is believed to be a punishment against Disney’s resistance to Florida’s Parental Rights in Education law."

Hawley to introduce legislation targeting Disney copyright protections; Washington Examiner, May 2, 2022

 Zachary Halaschak, Washington Examiner ; Hawley to introduce legislation targeting Disney copyright protections

"The copyright on Disney’s classic Steamboat Willie Mickey Mouse, the first iteration of the character, is set to expire at the end of 2023, and Rep. Jim Banks (R-IN) recently wrote to Disney CEO Bob Chapek telling him that he and some other GOP lawmakers oppose “further extensions applicable” to the company’s copyrights. Banks argued those should become public domain. 

Republicans in both Florida and Washington, D.C., have been upset about Disney’s public lobbying against the Florida legislation, which is called the Parental Rights in Education bill but has been branded the “Don't Say Gay” bill by critics. The legislation bans classroom instruction of sexual orientation and gender identity through the third grade. 

Disney has successfully lobbied for copyright extensions in the past. Disney pushed for the Copyright Act of 1976 and then worked to get the Copyright Term Extension Act of 1998 signed into law. Detractors of the latter bill had branded it the “Mickey Mouse Protection Act.”...

Rep. Lauren Boebert (R-CO) also recently tweeted, “Next year, the woke Disney lobbyists will ask Congress to extend Micky Mouse’s trademark. I think not.”"

Ryan Reynolds taunts Disney with ‘Winnie-the-Screwed’ ad as copyright battles heat up; Fast Company, January 3, 2022

JEFF BEER, Fast Company; Ryan Reynolds taunts Disney with ‘Winnie-the-Screwed’ ad as copyright battles heat up

Mint Mobile finds a way to make the copyrights of a 1926 classic children’s tale about your cellular bill.

"The new Mint Mobile ad is typical Reynolds ad fare, quickly and creatively tapping into a broader cultural conversation for one of his brands. That cultural conversation, however, is only going to get louder, especially for Disney. While it is symbolic that the original Mickey Mouse cartoon, Steamboat Willie, is up for public domain two years from now, more pressing are the copyright issues facing key Marvel characters this year.

As reported last fall, multiple former Marvel creators and their estates are challenging Disney with ongoing copyright termination cases around characters like Thor, Spider-Man, Iron Man, and Dr. Strange. These cases, which could go as high as the Supreme Court (as it almost did back in 2014, when the company reached a settlement with the estate of Jack Kirby), stem from the Copyright Revision Act of 1976, which provided an opportunity for authors or their heirs to regain ownership of a product after a given number of years."

This Bear’s For You! (Or, Is It?) Can Companies Use Copyright and Trademark To Claim Rights to Public Domain Works?; Duke’s Center for the Study of the Public Domain

Jennifer Jenkins, Duke’s Center for the Study of the Public Domain; This Bear’s For You! (Or, Is It?)

Can Companies Use Copyright and Trademark To Claim Rights to Public Domain Works?

"The original Winnie-the-Pooh book from 1926 is in the public domain. However, Disney still owns copyrights over later works, and trademark rights for “Winnie the Pooh” on a variety of products. Hopefully they will not follow the example of the Sherlock Holmes, Tarzan, or Zorro rights holders and try to use residual rights to prevent what copyright expiation allows. This could lead to unnecessary litigation, and even the threat of lawsuits could chill the creative reuse the public domain is designed to promote.

In fact, Disney’s own beloved works show just how valuable the public domain is. Many of its animated classics were remakes of public domain books and folk tales. Works from Alexandre Dumas, Charles Dickens, Gabrielle-Suzanne de Villeneuve, Jules Verne, Lewis Carroll, The Brothers Grimm, Victor Hugo, Charles Perrault, Hans Christian Anderson, Carlo Collodi, Mark Twain, English folklore, and The Book of One Thousand and One Nights fed Disney’s The Three Muskateers, A Christmas Carol, Beauty and the Beast, Around the World in 80 Days, Alice in Wonderland, Snow White, The Hunchback of Notre Dame, Sleeping Beauty and Cinderella, The Little Mermaid, Pinocchio, Huck Finn, Robin Hood, and Aladdin, to name a few. When it got into a dispute with the rightsholders of Bambi, Disney even filed an unsuccessful lawsuit claiming that the book had gone into the public domain much earlier. Let us hope that Disney remembers its own debt to the public domain when Pooh, and later the Steamboat Willie version of Mickey Mouse, enter the realm from which it has drawn so heavily!"

Disney could lose the copyright to some very important characters; WKRC, January 1, 2022

WKRC; Disney could lose the copyright to some very important characters

"Disney is at risk of losing the copyright to some of its most important -- and lucrative -- characters."