Attorney Highlights Legal Boundaries in Using 'Steamboat Willie' in Cryptocurrency Realm
Summary:
An attorney has issued a caution to cryptocurrency enthusiasts about the legal constraints in using "Steamboat Willie," a character previously copyrighted by Disney but now in the public domain. Oscar Franklin Tan, the chief legal officer at Atlas, highlighted that despite the 1928 black and white version of Mickey Mouse being publicly accessible, there are legal restrictions to its usage. Users must clarify that they are not affiliated with Disney while using the 1928 Mickey Mouse depiction for Nonfungible tokens (NFTs). Tan also noted that other versions of Mickey Mouse and the brand itself are still under private ownership.
An attorney has issued a warning to cryptocurrency enthusiasts about the restrictions that come with the use of “Steamboat Willie,” a copyright that was originally held by Disney but has since entered the public domain. On the 2nd of January, nonfungible tokens (NFTs) showcasing a rendition of Mickey Mouse from the 1928 short film “Steamboat Willie,” gained popularity on the NFT marketplace OpenSea’s trending collections. One collection even reached a trading volume of 521 Ether (ETH) in a day, equating to an approximate value of $1.2 million.
Despite this cartoon version of the Disney character from 1928 being publicly accessible, Oscar Franklin Tan, lead legal officer at Atlas (an essential contributor to the NFT platform Enjin), has stated that there are certain restrictions in place when it comes to its usage. Tan spoke to Cointelegraph, expressing that despite it being uplifting to witness the public celebration of a shared cultural icon via the blockchain, legal boundaries remain when it comes to the use of this character.
Tan clarified, "Only the explicit 1928 image of Mickey Mouse with its longer nose, scarier demeanor, and lack of gloves, is public domain as per U.S. law. The Mickey Mouse brand and the trademark, which are distinct from the character, still remain private. Individuals are not permitted to suddenly produce their own Mickey merchandise.” Tan further pointed out that the full-color sorcerer version of Mickey from 1940 is still under private ownership. Moreover, the lawyer emphasized that the 1928 image of Mickey is not public in countries with different legal countdowns.
Regarding using the 1928 image of Mickey in NFTs, Tan stated that it should be made clear that they have no affiliation with Disney. He elaborated, "The NFT you have seen expressly identified as ‘Steamboat Willie’, and it was clearly indicated that it only pertains to the 1928 variant, even if Mickey's image features on his apparel. Those utilizing the 1928 version of Mickey should ensure that their item or creative work is not related to Disney, the owner of the trademark."
The attorney concluded by saying that while copyright law safeguards artistic expression, trademark law independently protects the source's identification. "Therefore, you can't use Steamboat Willie to give an impression that your work is associated with Disney,” Tan adds.
Published At
1/2/2024 2:47:50 PM
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