An attorney has alerted the crypto community about the limitations of using the copyright of Steamboat Willie, which has entered the public domain after 95 years, originally owned by Disney. An NFT collection featuring a version of Mickey Mouse from the 1928 Steamboat Willie short film made it to the trending collections list on the NFT marketplace OpenSea, with one collection reaching $1.2 million in 24-hour trading volume, equivalent to 521 Ethereum.
According to Oscar Franklin Tan, the chief legal officer at Atlas, a major contributor to the NFT platform Enjin, while the move allows people to use the 1928 version of the Disney character, there are restrictions on what can be done. Tan expressed that although it’s heartening to see a cultural icon’s public ownership celebrated in the blockchain ecosystem, legal boundaries still exist when it comes to the character’s usage.
Tan clarified that under U.S. law, only the 1928 depiction of Mickey Mouse, characterized by a longer nose and no gloves, is public domain. The Mickey Mouse trademark and brand remain private, and one cannot suddenly start producing their Mickey products. He also noted that the full-color 1940 version of wizard Mickey remains a private design and that Mickey’s 1928 depiction may still be private in countries with different legal standings.
When asked about the use of Mickey’s 1928 depiction in the NFT space, the attorney stressed that those using it must clarify they are not affiliated with Disney. He mentioned that the NFTs in question were specifically referred to as Steamboat Willie, and even if Mickey appeared on a T-shirt, it was clearly stated that it referenced only the 1928 version.
The attorney added that copyright law protects artistic expression, but trademark law also safeguards the identification of a product’s source. Therefore, one cannot imply that their work using Steamboat Willie is connected to Disney.
In conclusion, while the public domain status of the 1928 Mickey Mouse allows for certain uses, creators must navigate carefully to avoid infringing on Disney’s remaining trademarks and ensure they do not misrepresent their products as being associated with Disney.