In the United States, the copyright for Disney's animated film ``Steamboat Willie,'' released in 1928, expired at the end of last year.
Starting from the 1st of this month, it will be possible to create derivative works using characters such as the original Mickey Mouse that appeared in this work under certain conditions, and American media is widely reporting that this is a turning point for characters worldwide. Masu.
Disney's animated film ``Steamboat Willie'' was first shown in New York, USA on November 18, 1928, and is said to be the debut work of Mickey Mouse and Minnie Mouse.
Regarding this anime, the copyright protection period expired at the end of last year, 95 years after it was released in the United States, and characters such as the original Mickey Mouse that appear in this work will be available for free to anyone from the 1st of this month. "have become.
According to American experts, this will allow derivative works such as movies and games using the character to be made without misleading consumers, such as clearly stating that the work is not a Disney work. That's it.
However, it seems that it is not allowed to make it resemble the various versions of Mickey Mouse that have appeared since then, which are still protected by copyright, or to use it as a corporate brand due to trademark rights. .
Still, the American media has largely heralded it as a turning point in global character.
Regarding this, Walt Disney commented, ``The modern version of Mickey Mouse will not be affected by this copyright expiration and will continue to play a leading role as Disney's global ambassador.''
Additionally, the term of copyright protection varies by country, and according to experts, the situation in Japan is complex and unclear.
Two new horror movies scheduled for release
The copyright of Disney's animated film "Steamboat Willie", which was released in the United States in 1928, has expired, and the original Mickey Mouse and other features that appear in this cartoon have become "public domain" where anyone can freely use them. Two new horror films have been produced and are scheduled for release.
Of these, it was revealed on the 1st that the movie ``Mickey's Mousetrap'' will be released in the United States and other countries by this spring.
Director Jamie Bailey explains why he decided to make a movie using the original Mickey Mouse: ``What would happen if we put this character in a situation that he had never seen before?'' I thought I'd give it a try since I don't think anyone has ever made a movie before.I wanted to make something that no one had ever seen before.''
American copyright law
The American Copyright Act, which protects the copyrights of novels, movies, music, etc., has been amended many times and its scope and period have changed
. In 2017,
it has been 75 years since the release of the movie in cases where a company or other company has the rights.
In addition, for works made before 1978, in principle, 75 years have passed since their release.
In 1998, this period was further extended by 20 years.
At this time, university professors and others complained that the extension of copyright protection was unconstitutional, arguing that ``extension of copyright protection would make it difficult to quote and distribute past masterpieces and impede freedom of expression.'' The law was also known as the "Mickey Mouse Protection Act," but the U.S. Supreme Court ruled in 2003 that it did not violate the Constitution.
Professor Jennifer Jenkins of Duke University's Public Domain Research Center said, ``Disney is one of the copyright holders who pushed for the extension of copyright protection terms, and it is also a symbol of reducing the public domain, which is why Mickey Mouse and Minnie Mouse are public. "Becoming a domain is a symbolic event."
Professor Jenkins pointed out that many of Disney's popular films, such as ``Pinocchio,'' ``Snow White,'' and ``Sleeping Beauty,'' are based on works in the public domain. Creators will be able to create works on top of it. I'm looking forward to seeing new creative works appear."
In addition, according to Professor Jane Ginsberg of Columbia University, who is an expert on American copyright, the company has taken steps to avoid misleading consumers by clearly stating that the work is not a Disney work because the copyright has expired and it is in the public domain. This means that secondary creations such as movies and games using this character will be possible.
However, it is pointed out that the various versions of Mickey Mouse that have appeared since then are still protected by copyright, and from the perspective of trademark rights, it does not seem to be allowed to be used as a corporate brand.
Commenting on the copyright expiry, Walt Disney said, ``Ever since Mickey Mouse first appeared in Steamboat Willie, people have associated Mickey Mouse with Disney.Mickey Mouse will continue to lead the way as Disney's global ambassador.'' We will continue to play this role."
He added, ``Modern versions of Mickey Mouse, etc. will not be affected by this copyright expiration, and we will work to prevent consumer confusion caused by unauthorized use.''
What is the situation in Japan?
In the United States, items such as the original Mickey Mouse that appeared in "Steamboat Willie" became "public domain" from the 1st of this month, but the situation is different in Japan.
According to Kensaku Fukui, a lawyer who is knowledgeable about copyright issues, Japanese copyright law determines
whether Mickey Mouse is viewed as a movie copyrighted work,
an artistic copyrighted work,
a work in the name of an organization, or
an individual. The term of protection differs depending on how you view the work, such as whether it is considered a work under your own name.
Furthermore, the situation is complicated by Japan's obligations under the San Francisco Peace Treaty, which include a ``wartime addition'' that extends protection for works of former Allied countries for up to 10 years and 5 months.
According to attorney Fukui, depending on how you think about it, the copyright protection period could be considered to expire in May 2020 or continue until May 2052.
Attorney Fukui pointed out, ``Japanese copyright law does not make it clear when the protection period expires, and this may be hurting the use of old works in the public domain.''
Regarding the use of the public domain, he said, ``Our history is a series of learning from the past, imitating it, and adding new things.'' Being made public is like discovering a new natural resource, as it can be used for all sorts of purposes, including the economy, education, and research activities.The fact that the world's most powerful character is in the public domain means that it is protected by copyright. "This will be the biggest experiment in history," he said, expressing his expectations for future creative activities.