Editing Mickey Mouse (section)

===Copyright status===
{{see also|Works based on a copyright-free Mickey Mouse}}

Prior to 2024, there had been multiple attempts in the United States to argue that certain versions of Mickey Mouse were in fact in the public domain. In the 1980s, archivist George S. Brown attempted to recreate and sell cels from the 1933 short ''[[The Mad Doctor (1933 film)|The Mad Doctor]]'', on the theory that they were in the public domain because Disney had failed to renew the copyright as required by current law.<ref name="Menn">{{cite news|last=Menn|first=Joseph|date=August 22, 2008|title=Whose mouse is it anyway?|work=[[Los Angeles Times]]|url=https://articles.latimes.com/2008/aug/22/business/fi-mickey22/2|url-status=dead|access-date=December 13, 2018|archive-url=https://web.archive.org/web/20101022153034/https://articles.latimes.com/2008/aug/22/business/fi-mickey22/2|archive-date=October 22, 2010}}</ref> However, Disney successfully sued Brown to prevent such sale, arguing that the lapse in copyright for ''The Mad Doctor'' did not put Mickey Mouse in the public domain because of the copyright in the earlier films.<ref name="Menn" /> Brown attempted to appeal, noting imperfections in the earlier copyright claims, but the court dismissed his argument as untimely.<ref name="Menn" />

In 1999, Lauren Vanpelt, a law student at Arizona State University, wrote a paper making a similar argument.<ref name="Menn"/><ref name="Vanpelt">{{cite web|last=Vanpelt|first=Lauren|date=Spring 1999|title=Mickey Mouse – A Truly Public Character|url=http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/publicdomain/Vanpelt-s99.html|url-status=dead|archive-url=https://web.archive.org/web/20040320062518/http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/publicdomain/Vanpelt-s99.html|archive-date=March 20, 2004|access-date=December 13, 2018}}</ref> Vanpelt points out that copyright law at the time required a copyright notice specify the year of the copyright and the copyright owner's name. The title cards to early Mickey Mouse films ''Steamboat Willie'', ''Plane Crazy'', and ''Gallopin' Gaucho'' do not clearly identify the copyright owner, and also misidentify the copyright year. However, Vanpelt notes that copyright cards in other early films may have been done correctly, which could make Mickey Mouse "protected as a component part of the larger copyrighted films".<ref name="Vanpelt"/>

A 2003 article by Douglas A. Hedenkamp in the ''Virginia Sports and Entertainment Law Journal'' analyzed Vanpelt's arguments, and concluded that she is likely correct.<ref name="Menn"/><ref name="Hedenkamp">{{cite journal|last1=Hedenkamp|first1=Douglas|date=Spring 2003|title=Free Mickey Mouse: Copyright Notice, Derivative Works, and the Copyright Act of 1909|url=http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/publicdomain/HedenkampFreeMickeyMouseVaSp&E(2003).htm#Document2zzFN_B2|journal=Virginia Sports and Entertainment Law Journal|archive-url=https://web.archive.org/web/20040622175423/http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/publicdomain/HedenkampFreeMickeyMouseVaSp%26E%282003%29.htm#Document2zzFN_B2|archive-date=June 22, 2004|access-date=December 13, 2018|url-status=live}}</ref> Hedenkamp provided additional arguments, and identified some errors in Vanpelt's paper, but still found that due to imperfections in the copyright notice on the title cards, Walt Disney forfeited his copyright in Mickey Mouse. He concluded: "The forfeiture occurred at the moment of publication, and the law of that time was clear: publication without proper notice irrevocably forfeited copyright protection."<ref name="Hedenkamp"/> Disney threatened to sue Hedenkamp for [[slander of title]], but did not follow through.<ref name="Menn" /> The claims in Vanpelt and Hedenkamp's articles have not been tested in court.{{citation needed|date=August 2019}}

In a 2023 episode of ''[[Last Week Tonight with John Oliver]]'', [[John Oliver]] suggested that without copyright protection to stop the unauthorized use of Mickey Mouse, the Walt Disney Company would likely use trademark law to achieve the same results, potentially arguing that Mickey Mouse is so closely associated with their brand that any unauthorized use would cause [[Consumer confusion#Law|consumer confusion]]. Oliver then revealed that ''Last Week Tonight''{{'}}s opening titles had been using an image from ''Steamboat Willie'' since the start of the season and that he would begin to use his own version of Mickey Mouse as a mascot of the show. He stated:<ref name="taunts2">{{Cite web |date=2023-04-03 |title=John Oliver 'riskily' taunts Disney with Mickey Mouse stunt on Last Week Tonight |url=https://www.independent.co.uk/arts-entertainment/tv/news/john-oliver-disney-mickey-mouse-last-week-tonight-b2313071.html |url-status=live |archive-url=https://web.archive.org/web/20230616132318/https://www.independent.co.uk/arts-entertainment/tv/news/john-oliver-disney-mickey-mouse-last-week-tonight-b2313071.html |archive-date=June 16, 2023 |access-date=2023-06-16 |website=The Independent |language=en}}</ref><ref>{{Cite magazine |date=2023-04-03 |title=John Oliver Dares Disney to Sue Over Use of Mickey Mouse's 'Steamboat Willie' Image |url=https://www.vanityfair.com/hollywood/2023/04/john-oliver-dares-disney-to-sue-over-use-of-mickey-mouses-steamboat-willie-image |access-date=2023-06-16 |magazine=Vanity Fair |language=en-US |archive-date=December 31, 2023 |archive-url=https://web.archive.org/web/20231231193609/https://www.vanityfair.com/hollywood/2023/04/john-oliver-dares-disney-to-sue-over-use-of-mickey-mouses-steamboat-willie-image |url-status=live }}</ref>

{{blockquote|We are staking our claim to Mickey Mouse right now and, I know Disney's lawyers might argue that this Mickey is closely associated with their brand, although they should know that he's pretty associated with our brand now too.}}

On January 1, 2024, the copyrights of the first three animated Mickey Mouse cartoons and their portrayal of Mickey Mouse expired in the United States, and they entered the [[Public domain in the United States|public domain]]. They are the silent versions of the cartoons ''Plane Crazy'' and ''The Gallopin' Gaucho'', as well as the sound cartoon ''Steamboat Willie''.{{Efn|While the silent version of ''Plane Crazy'' became public domain in the U.S., that version is not known to be extant. The widely released sound version remained under copyright in the United States until 2025.}} Newer versions of Mickey Mouse remain copyright-protected.<ref>{{cite news | last =Seriac | first =Hanna | title =Why Mickey Mouse entering the public domain in 2024 is more complicated than you think: Mickey Mouse was originally named Mortimer when he debuted | newspaper =[[Deseret News]] | location =[[Salt Lake City]] | pages = | language = | publisher = | date =August 28, 2023 | url =https://www.deseret.com/entertainment/2022/12/28/23529497/the-original-mickey-mouse-is-entering-the-public-domain-in-2024-well-kind-of | accessdate =October 21, 2023 | archive-date =October 16, 2023 | archive-url =https://web.archive.org/web/20231016052126/https://www.deseret.com/entertainment/2022/12/28/23529497/the-original-mickey-mouse-is-entering-the-public-domain-in-2024-well-kind-of | url-status =live }}</ref>

Quinton Hoover, a [[YouTube]] user who uploaded a copy of ''Steamboat Willie'' after its U.S. copyright expired on January 1, 2024, noted that three attempts to upload the short to the service triggered copyright claims from Disney, including one that claimed a copyright on the short's soundtrack. Users of [[Twitch (service)|Twitch]] noted similar behavior in that attempts to stream ''Steamboat Willie'' would end up with the audio muted.<ref>{{Cite web |last=Colopy |first=Jess |date=2024-01-03 |title=Disney & YouTube Aren't Allowing Legal 'Steamboat Willie' Use |url=https://insidethemagic.net/2024/01/quinton-reviews-steamboat-willie-youtube-copyright-jc1/ |access-date=2024-01-06 |website=Inside the Magic |language=en-US |archive-date=January 6, 2024 |archive-url=https://web.archive.org/web/20240106014746/https://insidethemagic.net/2024/01/quinton-reviews-steamboat-willie-youtube-copyright-jc1/ |url-status=live }}</ref> Disney withdrew a separate copyright strike from a different uploader shortly after it was challenged.<ref>{{Cite web |last=Binder |first=Matt |date=2024-01-05 |title=Disney backs down from 'Steamboat Willie' YouTube copyright claim |url=https://mashable.com/article/disney-pulls-youtube-steamboat-willie-copyright-claim |access-date=2024-01-06 |website=Mashable |language=en |archive-date=January 6, 2024 |archive-url=https://web.archive.org/web/20240106014746/https://mashable.com/article/disney-pulls-youtube-steamboat-willie-copyright-claim |url-status=live }}</ref>