The copyright protection for Disney's well-known black-and-white character Mickey Mouse is about to expire. What does this mean? Our legal trainee Julia Koikkalainen brings up Mickey Mouse as an example of how copyrights and trademarks support each other.

The black-and-white Mickey Mouse character was first released in 1928. Since then, it has enjoyed copyright protection, which was already extended once in 1998. Originally, the copyright protection was supposed to expire in 2004, but California congressman Sonny Bono championed Disney's cause and got a new extended copyright act passed. This led to Mickey Mouse's current status, which means that copyright protection will expire on January 1, 2024. However, this does not mean that Mickey Mouse will be completely released into the public domain. This will not happen because the Mickey Mouse character is protected not only by copyright but also as a trademark.

Copyright protection

Copyright is automatically granted to a work after it is created without the need for a separate application. Copyright protects all works of artistic endeavour that are original and bear the stamp of the author's own personality or unique handwriting. In Finland, the copyright law protects the copyright mark for 70 years from the end of the author's year of death.

Trademark protection

Another equally valuable way to protect the intellectual property rights of a mark is through trademark protection. A trademark links a certain product or service to a particular right holder in business. The exclusive right of a mark is obtained when the mark is well established or registered as a trademark. Naturally, the best protection is for a mark that is protected at the same time by both trademark protection and copyright protection.

The relationship between copyright and trademark

Challenges arise in situations where trademark rights and copyright to the same mark are held by different right holders. An example of such a case is a situation where a game company has commissioned a game character from a graphic designer that is protected by copyright. The right holder in this case is the creator of the game character. The game company can seek trademark protection for the game character, but without a separate agreement, the copyright protection does not transfer from the holder to the game company.

In dispute situations, the weight of trademark protection and copyright protection is assessed. If the holder of the trademark right does not have copyright to the mark and the copyright holder demands a share of the profit, the dispute is resolved in favour of the copyright holder. This is due to the time factor, as the copyright for the product has been created before the trademark right, and the copyright holder has the right to revoke the use of the trademark in court. For this reason, it is very important for companies to be vigilant and above all aware of the differences between copyright and trademark rights. This way, potential disputes can be prevented. In the example case mentioned above, it is recommended for the hypothetical game company to enter into a separate agreement with the creator of the work, precisely defining the ownership and usage rights of both parties. When considering such a contractual relationship, it is wise to turn to a knowledgeable attorney so that the rights can be transferred correctly. 

Mickey Mouse serves as a good example

With regard to the aforementioned "double protection" created by trademark and copyright in the case of Mickey Mouse, Disney's IPR team has succeeded excellently in the protection operation of Mickey Mouse's intellectual property rights, as the character remains protected by the current trademark protection even after the copyright protection has expired. The case of Mickey Mouse serves as a good example of how important it is for companies to understand the relationship between trademark and copyright protection and their differences when protecting their intellectual property rights.