Key Cases and Definitions in Intellectual Property Law
June 10, 2021
Steamboat Willie has been in this scene before: staring down the last years of its copyright protection and into the abyss of the public domain. But this time, the iconic cartoon might become public property.
Disney is said to have lobbied before Congress twice since Mickey Mouse made his debut nearly a century ago in Steamboat Willie to extend copyright protection for that version of its main mouse. The updated laws that seem to have resulted from that lobbying extended protections for other works of art, film, literature and music and gave the mouse top billing for his role in lengthening copyright terms.
“It affects the term of all copyright,” St. Louis-based patent attorney Randolph Bretton said of Mickey Mouse’s copyright case. “It’s not just Steamboat Willie or graphics — it affects music, literature; it’s wide sweeping. Also, it’s an example where people can look at how a very influential organization can change the law.”
But the curtain is closing on Steamboat Willie’s protection again: If Congress does not alter copyright law before 2024, the copyright on Steamboat Willie will expire.
“Disney has enough other creative material available now that they don’t have to rely upon Mickey Mouse anymore,” said David Crawford, an intellectual property attorney in St. Louis.
Congress has altered the copyright law numerous times since the U.S. Copyright Act of 1790 — when the original term of copyright protection was only 14 years, with the possibility of renewal for a subsequent 14 years. Now, for works that have an individual author and that were created on or after January 1st, 1978, copyrights extend for the author’s life plus 70 years. Works made for hire or those with anonymous or pseudonymous authors are protected for 95 years from the date of its first publication or 120 years from its creation, whichever is shorter.
The History of Copyright Extensions in the U.S.
1790
The Copyright Act of 1790, the first federal copyright act, offered 14 years of protection and permitted renewal for another 14 years to the authors of charts, maps and books.
1831
The Copyright Act of 1831 extended copyright terms from 14 to 28 years, with the option for authors to renew their copyright for another 14 years on top of the original term.
1909
The Copyright Act of 1909 extended the length of copyright protection to give authors a 28-year original copyright term with the option to renew for 28 years — a maximum of 56 years.
1976
The Copyright Act of 1976, which took effect in 1978, established that works having an individual author that were created on or after Jan. 1, 1978, were granted copyright protection for the author’s life plus 50 years.
1999
The Sonny Bono Copyright Term Extension Act [referred to by some as the “Mickey Mouse Protection Act”] extended copyright protections to the life of the author plus 70 years for works that were created on or after January 1st, 1978 and had an individual author. For works that have multiple authors, those same protections extend 70 years from the last author’s death. Works made for hire, anonymous works, or pseudonymous works created on or after January 1st, 1978 are protected for 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter.
Copyrights
Copyrights protect original works of authorship, such as paintings, photographs, musical compositions, sound recordings, computer programs, books, blog posts, movies, architectural works, and plays. There are some things that are not “creative,” like titles, names, short phrases, and slogans; familiar symbols or designs; lettering or coloring; and mere listings of ingredients or contents. Copyrights protect expression and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.
Companies can be copyright owners as the law allows ownership through “works made for hire” — works created by an employee within the scope of employment or certain independent contractors owned by the employer. Copyright law provides copyright owners with the following exclusive rights [among others]:
- Reproduce the work
- Prepare derivative works
- Distribute copies by sale, transfer of ownership, or license
- Perform or display the work publicly
Works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. For works made for hire, copyright protection is 95 years from publication or 120 years from creation, whichever is shorter. Copyrights exist automatically but you can enhance the protection by registering the work. Copyright registration is not mandatory but allows copyright owners to seek certain types of monetary damages and attorney fees.
Notable exceptions to the exclusive rights are “copyright fair use” or the use of copyrighted works that have fallen into the “public domain.” As to the latter, in-house counsel must ensure any company copyrights are kept current until they otherwise expire.