Kara Sears
Disney has been a fierce defender of its intellectual property rights, with a history of filing lawsuits against companies and individuals for copyright and trademark violations. The company has influenced copyright law in the US, particularly to protect its iconic characters, such as Mickey Mouse and Winnie the Pooh. Disney has successfully lobbied for extended copyright terms, with the Sonny Bono Copyright Term Extension Act of 1998, also known as the Mickey Mouse Protection Act, lengthening copyright protection for new and old works. Despite these efforts, some of Disney's characters have entered or are about to enter the public domain, with Steamboat Willie, the first Mickey Mouse animation, released for public consumption on YouTube in 2009. While Disney has pushed the boundaries of copyright law, it also recognises the value of the public domain, with many of its well-known stories and characters derived from older fairy tales.
| Characteristics | Values |
|---|---|
| Copyright protection | The Walt Disney Company and its affiliates own all intellectual property rights to its brands, characters, titles, and other properties |
| Copyright term extension | In 1998, Disney influenced the passing of the Sonny Bono Copyright Term Extension Act, also known as the Mickey Mouse Protection Act, which extended the renewal term for works published before 1978 |
| Lobbying for legislation | Disney has a history of lobbying for federal legislation to prolong copyright protection |
| Trademark protection | Disney holds trademarks on its characters, including the Steamboat Willie version of Mickey Mouse, which never expire as long as proper paperwork is maintained |
| Enforcement strategies | Disney has a reputation for strict enforcement of its copyrights and trademarks, taking legal action against individuals and companies for unauthorized use |
| Fair use exceptions | Certain uses of Disney's copyrighted material, such as criticism, commentary, educational purposes, and movie reviews, may qualify as fair use and not require permission |
| Public domain recognition | Disney has released some content into the public domain, such as Steamboat Willie on YouTube in 2009 |
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What You'll Learn
Disney's influence on US copyright law
Disney has been a fierce defender of its intellectual property rights, actively lobbying for federal legislation to prolong copyright protection. The company has filed numerous lawsuits against entities for copyright and trademark violations over the years. For instance, in 1989, Disney threatened to sue three Florida daycare centres unless they removed murals featuring some of its characters.
Disney has also influenced US copyright law through its trade organizations, advocating for longer and more extensive copyrights for individual artists. Many of Disney's well-known stories and characters, such as Cinderella and The Little Mermaid, are based on older fairy tales.
The company has been strategic in enhancing the value of its older intellectual property. Instead of focusing on extending the copyright term, Disney has released new iterations of its franchises, such as creating new seasons for existing shows. This strategy allows them to increase the value of their older works without expending political capital.
The Sonny Bono Copyright Term Extension Act of 1998, sometimes called the Mickey Mouse Protection Act, is an example of Disney's influence on prolonging copyright protection. The Act lengthened the copyright term for new works and extended the renewal term for works published before 1978. Despite these efforts, some of Disney's iconic characters, such as Mickey Mouse and Winnie-the-Pooh, have entered or are about to enter the public domain.
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Copyright lawsuits filed by Disney
Disney has been both a filer and subject of copyright lawsuits. The company is known for its fierce protection of its brand and intellectual property, and has an extensive history of legal action against individuals and small businesses for trademark and copyright infringement.
In 1989, Disney threatened to sue three Florida daycare centres unless they removed murals featuring some of its characters. The company has also successfully lobbied for federal legislation to prolong copyright protection, such as the Sonny Bono Copyright Term Extension Act, which has been nicknamed the "Mickey Mouse Protection Act".
Disney has also been in a years-long legal dispute with Rearden LLC, a company that focuses on the interplay between technology and art. Rearden claims that Disney used its facial performance motion capture technology without authorisation. Disney argued that there was no causal link between the use of that technology and profits earned from movies, and the case was dismissed.
Disney has also filed a lawsuit for copyright infringement against the Academy Awards telecast for their use of Snow White in the opening act. This was an exception to copyright infringement, known as "fair use", which permits specific uses of copyrighted work without authorisation or payment. Other examples of fair use include criticism, commentary, and educational purposes.
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Copyright exceptions and fair use
Disney has been a fierce defender of its intellectual property rights, filing lawsuits against companies and individuals for copyright and trademark violations. It has also lobbied for federal legislation to prolong copyright protection, such as the Sonny Bono Copyright Term Extension Act, which has been derisively called the "Mickey Mouse Protection Act".
Despite these efforts, some of Disney's characters, such as those from the Winnie-the-Pooh series and Steamboat Willie, have entered or will soon enter the public domain. This has led to discussions about how creators can use works now in the public domain, provided they proceed cautiously.
Copyright law includes fair use exceptions, which are determined on a case-by-case basis. There are four factors to consider when determining fair use:
- Purpose and character of the use: Whether the use is commercial or for nonprofit educational purposes. Educational uses are favoured over commercial uses, and transformative uses that add to or change the original work are more likely to be considered fair use.
- Nature of the copyrighted work: The more creative a copyrighted work, the less likely it is to be considered fair use. Works of fiction favour the copyright owner, while factual works favour fair use.
- Amount and substantiality: The amount used in relation to the copyrighted work as a whole should be narrowly tailored to serve a proper objective. Using a small portion of the work that is not its "heart" favours fair use, while using an entire work or its most creative elements weighs against fair use.
- Effect on the market: Whether the use of the copyrighted work negatively impacts its potential market or value. If the use is commercial and has an adverse market effect, it weighs against fair use.
The more factors that favour fair use, the stronger the argument. If the balance weighs in favour of fair use, permission is not required. However, educational use does not automatically qualify as fair use, and all four factors must be considered.
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Trademarks and consumer confusion
Disney has been criticised for its aggressive defence of its intellectual property rights, which include trademarks and copyrights. The company has filed many lawsuits against companies and individuals for copyright and trademark violations over the years.
Trademark law requires a rights owner to police their mark. Disney is known to take the necessary steps to protect its trademark rights. The company believes that without strong licensing agreements, it will be unable to control the nature and quality of its trademark rights. Disney has an extensive intellectual property portfolio, including many copyright and trademark rights. The company has an extensive history of legal action to protect its characters from unauthorised use.
In 1989, Disney threatened to sue three Florida daycare centres unless they removed murals featuring some of its characters. In 2016, Disney filed a complaint with a federal court in California, stating that the defendant, Michael Brown, regularly used the Lucasfilm trademarks and copyrights without authorisation in business activities. The defendant used a logo almost identical to the trademarked Jedi Order logo. In the same year, Disney filed a lawsuit against a couple from Clermont, Florida, who owned a small party business, for copyright and trademark infringement, seeking damages worth $1 million. The couple allegedly committed infringement by advertising the availability of two costumes for parties on their business website. The costumes closely resembled Disney's copyrighted characters Tigger and Eeyore.
Disney has also been involved in a trademark infringement suit with Characters For Hire, LLC, an internet-based party entertainment business, since 2016. Disney claimed that CFH infringed several character trademarks by promoting and selling Disney's Mickey Mouse, Snow White, Ariel, Aladdin, Princess Aurora, Iron Man, Captain America, Hulk, Green Goblin, Luke Skywalker, Yoda, Obi-Wan Kenobi, Darth Maul, and Frozen's Elsa. In its defence, CFH argued that referring to the character as Elsa is merely 'descriptive' of the services the consumer will receive, i.e. an actor dressed like an animated character. CFH also argued that Disney did not intend to create confusion that Caterpillar had endorsed a Disney movie when it used construction equipment with Caterpillar logos in its George of the Jungle movie.
Despite Disney's efforts to protect its trademarks and copyrights, some of its characters have begun entering the public domain or will do so soon. For example, the original Mickey Mouse design will enter the public domain in 2024. This means that movie theatres can show the film without paying royalties, and producers can create derivative works for commercial purposes as long as they do not infringe on other copyrights. However, Disney can still prevent others from using certain fixed images of characters and many character names to avoid consumer confusion.
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Copyright law extensions
Disney has been a fierce defender of its intellectual property rights, filing lawsuits against companies and individuals for copyright and trademark violations. Over the years, Disney has also lobbied for federal legislation to prolong copyright protection. For instance, in 1989, the company threatened to sue three Florida daycare centres unless they removed murals featuring some of its characters.
The Sonny Bono Copyright Term Extension Act of 1998, sometimes called the Mickey Mouse Protection Act, is an example of a law that has been influenced by Disney's lobbying efforts. This law extended the renewal term for works published before 1978 and lengthened copyright for new works. It effectively frozen the advancement date of the public domain in the United States for works covered by the older fixed-term copyright rules. Under this Act, works made in 1923 or later that were still protected by copyright in 1998 would not enter the public domain until January 1, 2019, or later. Mickey Mouse, having first appeared in 1928, entered the public domain in 2024.
The Sonny Bono Act was passed to harmonise US copyright law with that of the European Union, providing significant trade benefits. It extended the US copyright term for an additional 21 years, matching the EU's protection for a term of the author's life plus seventy years. The Act aimed to ensure adequate copyright protection for American works in foreign nations and stimulate the creation of new works, providing enhanced economic incentives to preserve existing works.
Despite these efforts to prolong copyright protection, some of Disney's early characters, such as those from the Winnie-the-Pooh series and Steamboat Willie, have entered or will soon enter the public domain. Rebecca Tushnet, a Harvard Law School professor, notes that Disney has influenced copyright law in the US and that creators can now use works in the public domain, albeit cautiously. Tushnet also highlights that Disney often operates through trade organisations rather than directly lobbying for longer copyrights.
While copyright term extensions can provide benefits to authors and stimulate the creation of new works, they can also make it challenging for the public to access these works, weakening the public domain. The Internet has played a significant role in empowering individuals to create and use creative work, and ever-longer copyright terms may not be beneficial in this evolving landscape.
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Frequently asked questions
Disney has a history of fiercely defending its intellectual property rights and has pushed copyright laws to protect its characters and brands. The company has filed multiple lawsuits against individuals and organizations for copyright and trademark infringement. In 1989, Disney threatened to sue three Florida daycare centers for having murals featuring their characters. They have also lobbied for federal legislation to prolong copyright protection, such as the Sonny Bono Copyright Term Extension Act, also known as the Mickey Mouse Protection Act.
Disney takes copyright and trademark infringement seriously and has an extensive history of legal action to protect its characters from unauthorized use. Certain uses, such as criticism, commentary, news reporting, and educational purposes, may qualify as fair use and not require permission from Disney. However, Disney has a strict anti-piracy clause and has sued for infringement in cases where they believed their rights were violated.
Disney has had a significant influence on US copyright law, particularly in extending the duration of copyright protection. They have lobbied for longer and more extensive copyrights for their well-known stories and characters. Disney has also been strategic in releasing new iterations of franchises to enhance the value of their older properties.
One notable example is Disney's efforts to protect Mickey Mouse, specifically the "Steamboat Willie" version. They have fought since 1976 to prevent this character from entering the public domain. Additionally, in 1989, Disney sued the Academy of Arts and Sciences for portraying Snow White without permission during the opening act of the Academy Awards telecast.
Disney's aggressive protection of its intellectual property rights has had a significant impact on copyright law and set a precedent for other companies. Their lobbying efforts have extended copyright terms, making it challenging for artists and creators to build upon popular ideas. Disney has also influenced the public perception of intellectual property rights, with their characters closely associated with their brand.
