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Comment by vnchr | Hacker News Reader

After visiting Disney World, it is shocking to think how much money-generating activity is associated with those 3 circles that make up the Mickey Mouse sillouhette. I would imagine there is a compelling argument to make for preserving exiting business infrastructure associated with that and similar existing IP to the tune of hundreds of millions of dollars if not billions over time.

I disagree with that argument, but I could imagine some folks in congress letting that be what compels them.

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It's not clear that it's actually generating money, as opposed to transferring money to Disney from other people.

There is certainly a compelling argument to make for preserving something that generates a lot of wealth. Not so much for preserving something that merely transfers a lot of wealth to an already very wealthy business.

Didn't you know? Transferring money is generating money!

Couldn't the Mickey Mouse image be protected as trademark (which is infinite, as long as it is defended)? Even if the old films fall into the public domain, Disney could use trademark to keep people from creating new non-approved films.

I've argued this point with friends for years. Individual characters (Mickey Mouse, Bart Simpson, James Bond, etc) and the like would be trademarked, and could only be used in new works by the trademark holder. Those works, however, would be released into the public domain after x years.

My understanding is that this whole debate is a bit sensationalized, because, whether their copyright expires or not, Disney will still hold a trademark--which exists indefinitely--on the likeness of Mickey Mouse. The issue at stake is their hold over the copyright of the original Steamboat Willie films--that's what the copyright is set to expire on.

Yes, it would be very hard for Disney to exist if they lost IP rights to the likeness of Mickey Mouse, but they won't, because he's trademarked, and trademark exists to ensure that companies retain rights to the branding and art crucial to their operation and the identification of their business. Should Mickey Mouse slip into the public domain? I don't think anybody would argue that. But should the Steamboat Willie cartoons, a cultural landmark now nearing a century old, become common property? A lot more people would argue yes.

My outline here is probably lacking some accuracy and precision, because I'm not an expert. If there are any details I've missed, please do let me know.

> it would be very hard for Disney to exist if they lost IP rights to the likeness of Mickey Mouse

I don't think this is necessarily true, but even if it is, surely they've had long enough to come up with something new to live off for a while?

Letting Steamboat Willie's copyright expire wouldn't impact the trademark that Disney has over Mickey Mouse and the 3 circles.

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