Is It Now Full Steam Ahead for Small Businesses to Use Mickey Mouse?

As the clock struck midnight on January 1, a cultural icon entered uncharted territory: the public domain. None other than Mickey Mouse as Steamboat Willie, the 1928 film that launched Disney, saw its copyright run out after 95 years and so is now fair game for anyone to use practically as they see fit, including small business owners. 

It is a rare event indeed, this ability to use an iconic image so well-known, and for free to boot. Surely not a few small businesses will look to take advantage of this sea change, and indeed, a few already have:

• One YouTube channel is showing the cartoon in its entirety, and it has surpassed 1 million views.
• Small businesses like coffee companies are already using Steamboat Willie ads.
• An AI tool called Mickey-28 can generate instant images of Mickey and Minnie from the movie.

While that is pretty cool, the question is: Should you hop on the boat–err–bandwagon?

There are both pros and cons. Yes, this new landscape presents a unique opportunity to leverage the power of nostalgia and brand recognition, but navigating the legal currents requires careful planning.

Opportunities for small businesses

• Branding: There is no doubt that Steamboat Willie’s nostalgic charm holds timeless appeal. Matching it to your brand can evoke some pretty great feelings and associations, and that, my friends is marketing gold.
• Content marketing: Another option is to create content featuring Steamboat Willie, for instance, a charter coat company creating blog posts about the sailing acumen of Steamboat Willie, or social media campaigns with a classic Mickey twist.
• The experience economy: The right small business could create workshops, pop-up shops, or even themed events centered around Steamboat Willie.
• Merch: Needless to say, a small business could create and sell merchandise that taps into the character’s enduring popularity, but note, be sure to use images directly from the movie.

All of that said, there are possible legal issues to consider

• Beware modern Mickey: Only the Steamboat Willie version is public domain. Stay far, far away from any other, newer version, lest Disney sics its lawyers on you. And it WILL sic its lawyers on you if you cross this line.
• Trademark minefield: Disney rightfully, understandably, and intensely protects the “Mickey Mouse” name and logo. Unless you want a trademark infringement lawsuit with a company that has unlimited resources, avoid violating this trademark at all costs.

For the sake of comparison and elucidation, consider Sherlock Holmes. Sir Arthur Conan Doyle’s Sherlock Holmes stories also entered the public domain in the U.S. and other countries on January 1. This has led to a surge of new adaptations, interpretations, and even mashups featuring the iconic detective. 

So yes, you can likely safely use that very first version of Mickey in your own business now, and that truly is a gift from the Disney Gods, but it would behoove you to speak with an intellectual property attorney first to make sure you are navigating down a safe river. Toot toot!