A legal expert has issued a warning to the cryptocurrency community regarding the use of the copyright for “Steamboat Willie,” a character owned by Disney that is now in the public domain.
On January 2nd, nonfungible tokens (NFTs) featuring a version of Mickey Mouse from the 1928 short film “Steamboat Willie” became popular on the NFT marketplace OpenSea. One of these collections achieved a trading volume of 521 Ether (ETH), equivalent to $1.2 million, within a 24-hour period.
While this allows individuals to use the 1928 version of the Disney character, there are limitations to what can be done, according to Oscar Franklin Tan, the chief legal officer of Atlas, a major contributor to the NFT platform Enjin. Tan explained to Cointelegraph that while it is heartening to witness the public ownership of a cultural icon celebrated on the blockchain, there are legal restrictions when it comes to utilizing the character. He stated:
“It is important to note that this is not a blanket permission to use ‘Steamboat Willie’ or any other publicly owned character. The public domain only applies to the specific version of the character that is in the public domain.”
Tan further emphasized that the full-color sorcerer Mickey character from 1940 is still protected by copyright and is not in the public domain. Additionally, he pointed out that the 1928 depiction of Mickey is still under copyright in certain countries where the legal countdown for copyright expiration differs.
When questioned about using the 1928 version of Mickey in NFTs, Tan cautioned that anyone utilizing this character must clearly state that they are not affiliated with Disney. He clarified:
“If you use the 1928 ‘Steamboat Willie’ version of Mickey, you need to ensure that nobody is going to think that you are affiliated with Disney or that Disney is endorsing your work.”
Tan also noted that copyright law safeguards artistic expression, while trademark law separately protects the identification of the product’s source. He stressed that it is impermissible to use “Steamboat Willie” in a manner that could lead others to believe that the work is associated with Disney.
In related news, Pudgy Penguins GIFs have surpassed 10 billion views, and the CEO has expressed aspirations to collaborate with Disney and Hello Kitty as an NFT creator.