The Public Domain comes for us all … assuming you’re a fictional character
- David Baker
- Jan 7
- 4 min read
The Public Domain is a real legal concept with significant consequences for those who mistakenly rely on the many myths and misunderstandings about it that seem to thrive online and in social media
It’s 2025. Somewhere in the ether of cultural nostalgia, Tintin is packing his knapsack for an adventure without his creator’s oversight, Popeye is putting down his spinach to sign new licensing deals, and Winnie the Pooh (in his red-shirt-free, original form) is sharing honey pots without fear of copyright infringement. Mickey Mouse, who has spent decades as Disney’s most protected citizen, might soon be shaking hands with the public domain himself.
For fictional characters, the public domain is both a rite of passage and a new frontier. But what does this mean for creatives, businesses, and the average person? Let’s explore the public domain, how it works, and what lessons it offers for navigating intellectual property in a changing legal landscape.
What Is the Public Domain?
The public domain is a vast cultural commons where anyone can freely use and build upon creative works—songs, books, movies, and, yes, fictional characters—without asking permission or paying royalties. When a work enters the public domain, it becomes part of the collective creative heritage, available for reinterpretation and reuse.
However, not all elements of a work enter the public domain at once. For example, Mickey Mouse’s 1928 debut in Steamboat Willie is the version potentially entering the public domain, not the modern, gloved, and endlessly cheerful character we see today. Similarly, A.A. Milne’s original Winnie-the-Pooh entered the public domain in 2022, but Disney’s trademarked, red-shirted adaptation remains protected.
Not surprisingly, the public domain plays a crucial role in cultural and economic ecosystems. For creators, the public domain can be a wellspring of inspiration. Many modern classics, like Disney’s Snow White or Baz Luhrmann’s The Great Gatsby, are based on public domain works. For businesses, it lowers barriers to entry for content creation, allowing small businesses and startups to leverage established stories and characters. and for Society in general, it ensures that art and knowledge remain accessible, enriching education and fostering innovation.
How Does the Public Domain Work?
Copyright law grants creators exclusive rights to their works for a specific period, after which those works enter the public domain. In the U.S., this term is generally the life of the author plus 70 years. For corporate or “work for hire” creations, the term is 95 years from publication or 120 years from creation, whichever comes first.This timeline means that works published in 1928, like Steamboat Willie, are now crossing into the public domain. It’s a process that balances protecting creators’ rights with fostering cultural growth and accessibility.
The Implications for Creatives and Users
When a work enters the public domain, it opens up a world of possibilities for creators and businesses. Here are some scenarios:
Freedom to Reimagine: Creators can adapt, remix, or build upon public domain works. Imagine a noir detective series starring Winnie the Pooh or a graphic novel retelling Tintin’s adventures with a modern twist.
Cost Savings: Businesses and educators can use public domain materials without worrying about licensing fees or copyright infringement.
Cultural Revitalization: Public domain works often inspire new art, from film adaptations to reinterpretations in music and literature.
However, there are caveats. For example, trademark law may still protect elements of a public domain work. Disney’s trademarks on Mickey Mouse’s name and likeness ensure that even if his earliest iteration enters the public domain, modern depictions remain Disney’s property.
Recent years have seen an influx of beloved works entering the public domain, including:
Winnie-the-Pooh (A.A. Milne, 1926) The original text and illustrations, but not Disney’s red-shirted version.
The Great Gatsby (F. Scott Fitzgerald, 1925) Now ripe for new adaptations and reinterpretations.
Steamboat Willie (1928) Mickey Mouse’s first appearance, though trademark protections complicate usage.
Tintin (Hergé, 1929) Early adventures of the famous journalist and his dog Snowy.
These works join classics like Shakespeare’s plays and Beethoven’s symphonies in the public domain’s ever-expanding sandbox.
Limitations on Public Domain Works
While the public domain offers creative freedom, it’s not a free-for-all. Despite a work entering the public domain, trademark law still protects names, logos, and other brand identifiers.
For instance, you can use the original Steamboat Willie Mickey Mouse in your art, but you can’t market it as “Mickey Mouse” without risking Disney’s legal wrath. And if a public domain work has been adapted, the adaptation may still be under copyright. For example, while Milne’s original Pooh stories are public domain, Disney’s animated films and their elements are not.
So, too, many creatives argue for important ethical considerations: Respecting the intent and legacy of original creators is important, even when legal constraints are lifted.
How Creators Can Delay the Public Domain
While copyright terms are fixed, creators can employ strategies to extend a work’s market life.
Trademarks can cover names, logos, and distinctive character elements indefinitely, provided they’re actively used and renewed. Disney’s handling of Mickey Mouse is a prime example. And new adaptations or spin-offs reset the clock for those specific iterations, keeping the brand fresh and legally protected.
Likewise, licensing agreements ensure ongoing revenue even as the original work edges closer to the public domain. And, historically, major copyright holders have influenced legislation to extend copyright terms, as seen with the Sonny Bono Copyright Term Extension Act.
What This Means for You
Whether you’re a business owner, artist, or avid consumer of media, understanding the public domain is empowering. It’s a reminder of the delicate balance between protecting intellectual property and ensuring its eventual contribution to the cultural commons.
If you’re considering using a public domain work, consult with an IP attorney to navigate the nuances of copyright, trademark, and fair use. And if you’re a creator, take proactive steps to protect and extend the life of your work.
Like the last guest at a holiday party, every copyrighted work eventually gets shown the door. The public domain isn’t the end of the line; it’s the beginning of new possibilities. It’s a place where Tintin, Popeye, and Winnie-the-Pooh can rub elbows with Shakespeare and Beethoven, inspiring the next wave of creativity.
So, dust off your imagination and get ready. The creative sandbox just got a few new toys.
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