The limitations of using Steamboat Willie’s version of Mickey in NFTs
The crypto industry has recently witnessed a surge in the popularity of nonfungible tokens (NFTs) featuring Mickey Mouse’s iconic 1928 depiction from the short film “Steamboat Willie.” However, it is important to note that there are limitations to what people can do with this version of Mickey Mouse. Simply put, using the 1928 depiction of Mickey does not grant individuals the right to create merchandise or products affiliated with Disney.
Lawyer warns crypto community about copyright restrictions on Mickey Mouse NFTs
Oscar Franklin Tan, a prominent lawyer and the chief legal officer of Atlas, a core contributor to the NFT platform Enjin, has issued a warning to the crypto community regarding the copyright restrictions associated with Mickey Mouse NFTs. While it may be heartwarming to witness the public ownership of such a cultural icon celebrated on the blockchain, it is essential to recognize the legal limits when it comes to using the character.
Understanding the legal boundaries of using the 1928 version of Mickey in NFTs
According to Oscar Franklin Tan, only the specific 1928 depiction of Mickey Mouse, characterized by his black and white appearance, longer nose, and absence of gloves, is considered public domain under U.S. law. However, it is crucial to differentiate between the character of Mickey Mouse and the trademark and brand associated with the character. While the 1928 version is now in the public domain, the full-color sorcerer version from 1940 is still private.
How trademark law separates Mickey Mouse’s public domain depiction from Disney’s brand
It is important to clarify that the 1928 depiction of Mickey Mouse is still private in countries where the legal countdown for copyright expiration is different. This means that while individuals may use the 1928 version of Mickey in their NFTs, they need to make it explicitly clear that their creations or products are not affiliated with Disney, the trademark owner. Trademark law plays a crucial role in protecting the identification of the source of a product, separate from copyright law that protects artistic expression.
Clarifying non-affiliation with Disney when using the 1928 version of Mickey in NFTs
When utilizing the 1928 depiction of Mickey Mouse in NFTs, it becomes crucial for creators to include disclaimers or clarifications stating that their work is not associated with or endorsed by Disney. This helps prevent any confusion among consumers and ensures that the copyright restrictions and trademark boundaries are respected. It is important to understand that although the 1928 version of Mickey may be publicly owned, it cannot be used to imply any official connection with Disney’s trademark and brand.
By being aware of these legal limitations and understanding the boundaries set by copyright and trademark law, creators in the crypto community can navigate the use of the 1928 version of Mickey Mouse more effectively and ensure that their NFTs do not infringe upon Disney’s rights.
Analyst comment
Neutral News:
The news provides a balanced explanation of the limitations and legal restrictions surrounding the use of the 1928 version of Mickey Mouse in NFTs. It emphasizes the need for creators to be cautious and explicit about their non-affiliation with Disney in order to comply with copyright and trademark laws. As a result, the market for NFTs featuring the 1928 Mickey Mouse may experience some adjustments as creators navigate these legal restrictions, but overall, the demand for NFTs and the potential value of the 1928 Mickey Mouse depiction should remain relatively stable.
