Disney's Historic Mickey NFT Surge After Copyright Expiry

Vintage Mickey's Public Domain Debut Sparks NFT Surge

The vintage version of Mickey Mouse, known from the 1928 short film "Steamboat Willie," entered the public domain on January 1st, 2024. This marks a historic event in intellectual property as the copyright of the Steamboat Willie version of Mickey lapsed after nearly a century, as per the 95-year limit set by US law.

OpenSea, a prominent NFT marketplace, experienced a notable surge in trading activity linked to vintage Mickey Mouse NFTs. The collection titled "Steamboat Willie Public Domain 2024" topped the 24-hour trending list, closely followed by "Steamboat Willie" and "Steamboat Willie’s Riverboat," securing the second and third spots, respectively.

Distinguishing features set apart the 1928 rendition of Mickey from the contemporary version seen today. The earlier iteration depicts Mickey without his characteristic gloves and oversized shoes. Notably, his eyes lack pupils and are portrayed as small black ovals, differing from the modern portrayal.

Disney made it clear that while the Steamboat Willie version enters the public domain, the company intends to maintain its rights over modern interpretations of Mickey Mouse and other copyrighted works. They stressed their commitment to preventing unauthorized uses that could lead to confusion among consumers regarding their iconic characters.

A Disney spokesperson stated:

"Despite the expiration of the Steamboat Willie copyright, modern versions of Mickey will remain under our protection. Mickey will continue to play a pivotal role as our global ambassador in our storytelling, theme parks, and merchandise."

However, there are limitations to using Steamboat Willie content, given its past copyright association with Disney, even though it is now in the public domain. Harvard Law School professor Rebecca Tushnet advised that while the public domain allows reimagination, caution should be exercised to avoid replicating elements from the contemporary Mickey Mouse, as Disney retains trademarks on those aspects.

Tushnet emphasized the importance of creating genuinely new content inspired by Steamboat Willie to guard against potential copyright infringement claims.