The Disney spokesperson told CNN that the company will “continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright, and we will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.” Tushnet said that although Disney will have to “grudgingly concede” its hold on the image of Steamboat Willie, the company will likely sue anyone who recreates a version of the cartoon that more closely resembles Mickey Mouse. “Whatever you do, to be protected against copyright infringement claims … you really have to be making new stuff and be sure you are basing it on Steamboat Willie,” she said. Rebecca Tushnet, a Harvard Law School professor, said that while the public domain allows anyone to re-envision Steamboat Willie in any way they want, you cannot copy elements of the more modern Mickey Mouse.

The Mickey of “Steamboat Willie” lacks the current Mickey’s gloves and oversized shoes, and his eyes are small black ovals without pupils. There are differences between the 1928 Mickey and the company’s mascot today. In a statement to CNN, a Disney spokesperson said “More modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise.” While we might start seeing more of Mickey, there are caveats. But since US copyright law, last updated by Congress in 1998, allows copyright to be held for 95 years, Disney’s sole claim to the character has officially ended. The good-humored rodent, which has been synonymous with the Disney brand for nearly a century, has grown into one of the most iconic characters in American pop culture. On January 1, 2024, an early version of the entertainment company’s mascot, featured in Walt Disney’s 1928 short film, “Steamboat Willie,” entered the public domain for the first time. Mickey Mouse no longer belongs solely to the Walt Disney Company.

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