Disney’s Influence on U.S. Copyright Law

U.S. Copyright Law has gone through many revisions and expansions since the first copyright provision was officially added to the U.S. Constitution in 1790.1 This original provision allowed authors the right to print, re-print or publish their work for 14 years, with the option to renew the copyright for another fourteen years. Today, copyrights can last well over 100 years, with the 1998 Sonny Bono Copyright Term Extension Act extending copyright protection for most works to the life of the creator, plus 70 years.2

Media giant The Walt Disney Company, with its many original characters and stories, has been a major player when it comes to influencing the evolution of U.S. copyright law. Let’s explore two of the major acts that Disney played a part in during the later half of the 20th century that have brought us to where we currently stand in terms of U.S. copyright law.

Mickey Mouse first came onto the scene in 1928 when Walt Disney released Steamboat Willie. As copyright law stood at that time, this iteration of Mickey Mouse was allowed 56 years of protection, as copyright law was changed to a 28 year protection term with the option to renew for another 28 years in 1909.3 Under the 1909 provision, the protections for Steamboat Willie should have expired in 1984 and the character would have fallen into public domain, meaning anyone could use the character however they pleased, even for profit, without having to secure permission or pay royalties to a creator or company.

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