Taking The Mickey
Ryan NicholsonNot sure how many of you remember, though in early 2024 I was teasing a certain mouse...Also, I'm not a lawyer, so please don't take any of this as legal advice, mmmk?
The first version of Mickey Mouse, 1928's Steamboat Willie, entered the public domain on the 1st of January, 2024. Basically, the copyright for that version of Mickey had expired, which meant anyone could now use that particular version of Mickey Mouse (the black and white, gloveless, whistling version) without fear of getting in legal trouble from Disney. I say 'Basically' because just like this version of Mickey, it's a bit of a grey area.
Essentially, Copyright is just that (the right to copy). It is a bundle of rights that visual artists, musicians, writers and film makers own in relation to their work. Copyright is a legal right that protects the original expression of an idea, granting the creator exclusive control over how their work, such as a book, song, film, or artwork can be copied, published, performed or communicated to the public. This legal protection is automatic in many countries, including Australia.
Essentially, the whole idea of copyright is to protect a creators rights in the instance that their work is unlawfully copied or reproduced. At the time that Mickey Mouse was created by The Walt Disney Studio, copyright laws protected an authors work for 75years from the date it was created (which was at the time, the average life span of a human).
Once the copyright period expires, the work enters the public domain where it's essentially free for anyone to use. In fact, the entire Disney empire was built on the public domain - Snow White and the Seven Dwarfs, The Jungle Book, Sleeping Beauty, Cinderella, Pinocchio were all literacy works that were part of the public domain at the time in which Walt Disney adapted the stories into his now classic animated feature films.
Though, as the Walt Disney Corporation were nearing the expiry date for Mickey's copyright protection in the 1990s, they lobbied congress to extend the copyright period and thus the 1998 Copyright Extension Act was born (also known at the time as the Mickey Mouse protection act due to the Walt Disney Companies support).
Though, as the Walt Disney Corporation were nearing the expiry date for Mickey's copyright protection in the 1990s, they lobbied congress to extend the copyright period and thus the 1998 Copyright Extension Act was born (also known at the time as the Mickey Mouse protection act due to the Walt Disney Companies support).
This meant that the copyright protection period for the first version of Mickey Mouse (1928's Steamboat Willie) was extended from 75years to 95 years, expiring on the 31st of December 2023. Meaning as of the 1st of January, 2024, Steamboat Willie entered the public domain.
Mickey Mouse entering the public domain was breaking news. As soon as the news had broke, it seemed like every artist and brand were dropping 'Steamboat Willie' collections and designs, all claiming they didn't have to pay a licence to use THE most lucrative cartoon character in existence.
My first thought? "OH BOY!"
At the time, FAIR BUMP was still a small brand (still is). This was the era before I started hitting the markets and I was really struggling to sell anything online (still am). So I figured, if people don't buy MY original characters, surely they'll buy Mickey-FREAKING-Mouse! I had been meaning to print my original boat character, Chug, onto some tees for a couple years at this point and I figured this was the perfect time! I immediately sketched Mickey hitching a ride with Chug. Being a huge fan of Disney, this was also my way of paying homage to the "Mouse that started it all".
I then spent the following weeks teasing Mickey Mouse on the socials...
While also reaching out to as many legal experts as possible. This was new territory, not many characters of this size had entered the Public Domain before. I researched and researched. I reached out to lawyers in Australia, America, ex-Disney attorneys, Journalists - I searched high and low to make sure that what I was doing was "legal".
I finalised some original designs featuring Steamboat Willie, I teased the famous mouse across social media for a couple of weeks, I had even screen printed a couple of designs though literally on the same day I shared the big reveal, I had yet another conversation with a legal expert...
According to this legal expert, Australia has different copyright laws to the US. While Steamboat Willie had entered the US public domain, Steamboat Willie hadn't entered the Australian public domain. This early version of Mickey was still protected by Copyright in Australia - honestly, I still don't know how accurate this is, though I wasn't in a position to argue. There's also this thing called Trademarks. Unlike copyrights, trademarks have no expiry date and Disney being the giant corporation it is, has every version of Mickey trademarked.
I was told, best case scenario, I would get a 'cease and desist' letter OR worst case, because this was new territory for Disney, MAYBE they would make an example of someone. Not wanting to lose my house to the mouse, I did what any struggling artist would do - I had a mental breakdown and abruptly stopped teasing Mickey Mouse.
Ever since, I've had many of you ask "You Ryan! what was with that Mickey Mouse thing?", so I figured it was time to bring a close to that story in true Fair Bump style (even if it did take 16months to finish):
I was told, best case scenario, I would get a 'cease and desist' letter OR worst case, because this was new territory for Disney, MAYBE they would make an example of someone. Not wanting to lose my house to the mouse, I did what any struggling artist would do - I had a mental breakdown and abruptly stopped teasing Mickey Mouse.
Ever since, I've had many of you ask "You Ryan! what was with that Mickey Mouse thing?", so I figured it was time to bring a close to that story in true Fair Bump style (even if it did take 16months to finish):
Everything turned out okay, I didn't use the mouse, I still have my house and I'm glad I could finally explain this little situation to those of you who were wondering why Mickey Mouse appeared around Fair Bump Island in early 2024.
Who knows? Maybe if I can continue to grow this brand, maybe Mickey can one day visit Fair Bump Island - legally, of course.
Fair Bump 👊🏼
Who knows? Maybe if I can continue to grow this brand, maybe Mickey can one day visit Fair Bump Island - legally, of course.
Fair Bump 👊🏼
- Ryan.
