[Foundation-l] Fair Use and Registered Trademarks

Mon Jul 18 19:40:19 UTC 2005

Rowan Collins wrote:

>>>I really don't know
>>>what you could and couldn't do once Mickey Mouse was no longer
>>>*copyrighted*, but still considered a *trademark*. 
>>>      
>>>
>
>In other words: I plead ignorance, your honour. I *don't know* in what
>circumstances the trademark status would come into play. But I very
>much doubt that a trademark expires completely and incontrovertibly as
>soon as something containing that trademark enters the public domain.
>  
>
I think that this is precisely the reason Disney is worried about the 
copyright on "Steamboat Willie" passing into the public domain:  The 
rules are a lot more loose on what you can and can't do with the 
content.  In legal circles there is an unwritten rule that every time 
this movie is threatened with copyright expiration, Disney bribes a few 
more Senators and congressmen (really, that is only a campaign 
contribution, your honor) to extend the copyright another 30 years or 
so.  Essentially it has been in perpetual copyright, and was one of the 
items mentioned in Eldred vs. Ashcroft (although in a minority opinion). 
 If and when this copyright expiration does occur, the use of the Micky 
Mouse logo is going to be a subject of considerable contention legal 
debate as Disney is likely going to defend its use in materials that it 
doesn't specifically authorize.  Basically this is going to be a wait 
and see issue in the upcoming decade.

-- 
Robert Scott Horning
218 Sunstone Circle
Logan, UT 84321
(435) 753-3330
robert_horning at netzero.net