For the first time, one of the Walt Disney
Co.’s marquee
(being the main performer or sports person in a
show, film, sports event, etc. or being the performer, etc. whose name will
attract most people to the show, film, etc.大牌的，響噹噹的，知名的) characters—Mickey
himself—is set to enter the public domain (an area of
interest where information, products, etc. are available to everyone to see or
use without paying: 公眾領域 ). “Steamboat Willie,” the 1928 short film that introduced Mickey to
the World, will lose copyright protection in the United States and a few other
countries at the end of this year, promoting (to encourage
people to like, buy, use, do, or support something促進;促銷，推銷;推廣) fans, copyright experts and
potential Mickey grabbers (someone who takes an
opportunity to get, use, or enjoy something quickly搶奪者，掠奪者) to wonder: How is the notoriously (in a way that is famous for something bad臭名昭著地，聲名狼藉地) litigious
(too often taking arguments to a court of law for a decision, especially to win
money in a lawsuit愛打官司的，好訴訟的) Disney going to respond?
The matter is more complicated than it
appears, and those who try to capitalize on the expiring (If something that lasts for a fixed length of time expires,
it comes to an end or stops being in use.到期，期滿;結束) ”Steamboat Willie” copyright could easily end up in a legal mousetrap (a small device that is used in houses and other buildings for
catching and killing mice捕鼠器，捕鼠夾).
Only one copyright is expiring. It covers
the original version of Mickey Mouse as seen in “Steamboat Willie,” an
eight-minute short with little plot. This nonspeaking Mickey has a ratlike
nose, rudimentary
(Rudimentary methods, equipment, systems, or body
parts are simple and not very well developed.原始的；簡陋的；未充分發展的) eyes (no pupils) and
a long tail.
Later versions of the character remain
protected by copyrights, including the sweeter, rounder Mickey with red shorts
and white gloves most familiar to audiences today. They will enter the public
domain at different points over the coming decades.
“Disney has regularly modernized the
character, not necessarily as a program of copyright management, at least
initially, but to keep up with the times,” said Jane C. Ginsburg, an authority
on intellectual property law who teaches at Columbia University.
The expiration of the “Steamboat Willie” copyright
means that the black-and-white short can be shown without Disney’s permission
and even resold by third parties. (There may not be much sales value left,
however, Disney posted it for free on YouTube years ago.) It also means that
anyone can make use of the film and the original Mickey to further
expression—to create new stories and artwork.
Of course, it does get tricky: Disney also
holds trademarks on its characters, including the ‘Steamboat Willie’ version of
Mickey Mouse, and trademarks never expire as long as companies keep submitting the proper
paperwork. A copyright covers a specific creation (unauthorized copying), but
trademarks are designed to protect against consumer confusion—to provide
consumers assurance about the source and quality of a creation.
Boiled down, (to reduce information, usually so that it contains only
its most important parts濃縮，簡化) any
public domain use of the original Mickey cannot by perceived (to come to an opinion about something, or have a belief
about something
認為;看待;視為) as coming from Disney, Ginsburg
explained. This protection is strong, she added, because the character, even
his early form, has such close association with the company.
(Brooks Barnes)
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