The Steamboat Willie Smokescreen

Abstract

In my article Who Framed Mickey Mouse I argue that The Walt Disney Company’s role in copyright term extension in 1998 – although real and substantial – has been seriously exaggerated by opponents of copyright term extension.   In this shorter piece I wanted to explicate on a related point, which is the degree to which the focus on the copyright status of Mickey Mouse has resulted in a copyright policy debate unusually focused on the copyright status of older works, especially a few high-profile ones like Walt Disney’s Steamboat Willie.  Meanwhile, the actual copyright policy debates of 2024 are much more about compensating current creators – especially as it becomes harder and harder for ordinary creators to earn a living through commercialization of their work.  In that way the focus on Mickey Mouse creates a useful smokescreen for those intermediaries which profit from ubiquitous and underlicensed exploitation of the work of creators.