Disney is at risk of losing the copyright to some of its most important – and lucrative – characters. While that also means other creators can use the characters after the copyright expires, they can’t just copy the Disney trademarks, they will have to make their own versions.
Few would deny that Disney’s success is due to the company’s vast and ever-expanding intellectual property portfolio. Disney has developed a large catalog of characters that is the envy of media firms everywhere since the release of Steamboat Willie in 1928, the first film starring Mickey Mouse.
The House of Mouse, on the other hand, is in danger of losing control of some of its most cherished characters, which are set to enter the public domain in the coming year.
Among all the Disney characters, those who featured in A.A. Milne’s foundational Winnie-the-Pooh stories are among the most beloved. Winnie the Pooh, Eeyore, Tigger, Piglet, Kanga, and Roo were all inspired by Milne’s son Christopher Robin and his toy animals.
These timeless stories and characters are woven into the fabric of Disney’s success, delighting generations of fans. However, copyright protection for the first of the stories, which was published in 1926, is coming to an end. In 2022, Disney may lose control of the characters.
The Mickey Mouse Protection Act
In general, copyright protection in the United States is restricted to the author’s lifetime plus an extra 70 years. Of course, there are exceptions. When a creation is a “work for hire,” the Copyright Term Extension Act of 1998 preserves a company’s copyright for 95 years from first publication or 120 years after its creation, whichever comes first.
Following Disney’s successful lobbying of Congress, the extension was called “The Mickey Mouse Protection Act” after multiple campaigns to safeguard one of the world’s most known characters.
One of Disney’s biggest moneymakers
Disney bought the Winnie-the-Pooh books and characters from A. A. Milne’s estate in 1961 and turned them into a multibillion-dollar business. Winnie the Pooh and his friends are among Disney’s most profitable characters, which may surprise investors.
Winnie the Pooh is, in fact, one of the most valuable media properties in the world, with over $80 billion in income over the years, putting it on par with Mickey Mouse. While estimates vary, some claim Pooh and friends bring in between $3 billion and $6 billion in annual revenue for Disney.
All is not lost
There are a few key legal distinctions to be aware of. Beginning in 2022, Disney will be unable to sue anyone who adapts A.A. Milne’s original Winnie-the-Pooh stories for new ventures or original creative works using the fictional animal as inspiration. E.H. Shepard’s original line drawings from the book will also be up for grabs.
Disney, on the other hand, has the right to sue anyone who tries to copy Disney’s Winnie the Pooh and the copyrighted characters it created based on A. A. Milne’s books. Milne’s works and characters produced after 1926, notably Tigger, who first appeared in 1928, is also owned by the House of Mouse.
There’s also the potential that Disney could once again try to extend the copyright on Winnie the Pooh, though many legal experts believe that would be a long shot.
This wouldn’t be the first time Disney sought to revise the rules regarding copyrighted characters and how the company proceeds could have important implications for the company’s future. Copyright protections are currently set to expire for Steamboat Willie — the earliest version of Mickey Mouse — two years from now.
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