Using the character in a misleading or deceptive manner that could mislead or confuse consumers could result in legal action.
The original version of the famous and recognized American character “Mickey Mouse”, who appeared in the short film Steamboat Willie, entered the public domain generating a series of implications.
The copyright on this character expired on January 1, 2024, which means that anyone can use and reproduce the initial version of the character without the need to have the respective authorization of the owner, in this case, Disney.
It is essential to take into consideration that only the initial version of the character of the 1928 short film is the one that enters the public domain, therefore, the various versions of the character that have been made over the years, the name, or other types of labels or logos that allude to the character will not become part of the public domain.
The protection granted by Chilean law lasts for the life of the author and extends up to 70 years more, counted from the date of his death. In the case of legal entities, the protection will be for 70 years from the date of the first publication. Once this time has elapsed, the work becomes part of the public domain, which means that any person is authorized to use, reproduce, distribute, among others, the previously protected work.
Unlike Chile, copyright in the United States grants the author of the work the ownership of the work for 95 years, which means that it takes longer for the work to enter the public domain and, therefore, it is necessary to have the respective authorization from the owner or his heirs.
In relation to the above, it is necessary to emphasize the fact that “MICKEY MOUSE” is a registered trademark and this does not have a time limit of exclusivity on copyright. On the other hand, it is important to add that trademarks can be renewed indefinitely. This is one of the great differences between copyrights and trademarks, since the former have a time limit of protection, while trademarks can be renewed by their owner indefinitely.
In this sense, if someone wants to use the classic image of Mickey Mouse from the year 1928, he/she cannot add characteristics or modifications that have been introduced in later versions of the character. In addition, no logo or label that is protected under the Industrial Property Law or as a trademark may be used.
It is crucial to emphasize that the use of the image of this character must be made with extreme caution to avoid any confusion among consumers and that they cannot be induced to believe that the third party is sponsored by or commercially linked to Disney. This may lead the U.S. conglomerate to take legal action based on the Industrial Property Law and the Unfair Competition Law, as a result of the misleading conduct.
The law protects trademarks to avoid consumer confusion, ensuring that the products or services associated with the trademark are easily identifiable and are not confused with those of other companies.
Finally, even if the original 1928 version enters the public domain due to the expiration of the copyright, the use of the character as an identifier of products and services remains exclusive to Disney due to the rights it holds over the character’s trademarks. Therefore, using Mickey Mouse in a misleading manner, which may mislead or confuse consumers as to the source and/or origin of a product or service, would result in Disney taking legal action to protect its rights.
Taking into consideration the above, it is essential to know the implications and take the necessary precautions in cases of this type in order to avoid running risks that may lead to future lawsuits or conflicts.
For more information on these issues please contact our IP, Tech and Data team:
Eugenio Gormáz | Partner | egormaz@az.cl
Fernanda Rodríguez | Associate | frodriguez@az.cl
