When Steamboat Willie Drifts into Public Waters: Disney's New Character Dilemma and What It Can and Cannot Do When Classic Characters Go Public.

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Bibliographic Details
Title:	When Steamboat Willie Drifts into Public Waters: Disney's New Character Dilemma and What It Can and Cannot Do When Classic Characters Go Public.
Authors:	MARX, LOGAN D.¹
Source:	Journal of Business & Technology Law. 2026, Vol. 21 Issue 1, p211-259. 49p.
Subjects:	Public domain (Copyright law), Copyright, Walt Disney Co., Disney films, Intellectual property, Mickey Mouse (Fictional character), Trademarks
Abstract:	This article examines the legal challenges faced by The Walt Disney Company as some of its earliest and most iconic characters, such as Steamboat Willie (an early version of Mickey Mouse), enter the public domain due to copyright expiration. It explains that while Disney cannot enforce copyright protections on expired original works, it may still protect copyrighted elements in derivative works and assert trademark rights, which can persist indefinitely if actively used in commerce. The article discusses the balance between Disney’s business interests in enforcing intellectual property rights and the public’s interest in accessing works in the public domain, emphasizing that enforcement should be legally justified, ethically sound, and aligned with the purpose of intellectual property law. It also highlights Disney’s history of aggressive intellectual property enforcement and lobbying efforts, noting that future responses to expiring copyrights will shape the evolving landscape of character protection. [Extracted from the article]
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Database:	Engineering Source

Description
Abstract:	This article examines the legal challenges faced by The Walt Disney Company as some of its earliest and most iconic characters, such as Steamboat Willie (an early version of Mickey Mouse), enter the public domain due to copyright expiration. It explains that while Disney cannot enforce copyright protections on expired original works, it may still protect copyrighted elements in derivative works and assert trademark rights, which can persist indefinitely if actively used in commerce. The article discusses the balance between Disney’s business interests in enforcing intellectual property rights and the public’s interest in accessing works in the public domain, emphasizing that enforcement should be legally justified, ethically sound, and aligned with the purpose of intellectual property law. It also highlights Disney’s history of aggressive intellectual property enforcement and lobbying efforts, noting that future responses to expiring copyrights will shape the evolving landscape of character protection. [Extracted from the article]
ISSN:	19415788