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By the way, don't be confused between #Copyright and #Trademark. These two are totally different.

Let's use Mickey and Minnie Mouse.

While the earliest versions of Mickey Mouse and Minnie Mouse are now in the #PublicDomain it does not mean you can freely create and sell your own merchandise with them on it. That falls under Trademark.

Copyright covers works of art like the character, the stories, literary works, music. In the Mickey and Minnie Mouse case, the images and stories, and the character art itself, are now in the Public Domain.

However, using these characters as in a merchandise like mugs and t-shirts is not under Copyright, it is under Trademark. Disney still holds the Trademark rights for these characters.

You can draw Mickey and Minnie. You can create new stories for them. Not only that, but you can write a new literary work, say a novel or a children's book or a film, based on the earliest versions of these characters. Just not anything that falls under Trademark.

If you are going to do something that you think might fall under Trademark law, the best course of action is to ask #Disney. If they say it doesn't fall under Trademark law, then keep that reply, as it is your proof they gave you permission. Otherwise, try to negotiate if you really need it.

So, again, Copyright (and in this case Public Domain) is totally different from Trademark. Many countries choose to call these two as #IntellectualPropertyRights. While it is correct (and confusing), they are different and there is no overlap between them. They have completely separate uses/coverage.

#IANAL and #TINLA, however, it doesn't mean you can't study Copyright and Trademark laws.

@youronlyone so basically you can use them, but not make money with it?

@bookstardust You can make money from the Public Domain versions. For example, sell your art or animation/film that based on the Public Domain version (not the latter versions); and without implying it is Disney. So, maybe adding a fine print it is based on the Public Domain work is a good move to prove you're not claiming to be Disney and not deceiving people.

It won't be surprising if Disney will do gymnastics just to “protect” their “brand”.

Then again, as @lethargilistic mentioned, it's different in the US; and it should be fine as long as you used the Public Domain version.

However, from where I live, Disney can use the “brand” angle and everything related to it.

(As always, #IANAL and #TINALA. ^_^)

radioactivestardust

@youronlyone @lethargilistic Germany has the same issue, we are getting Micky Mouse for the public domain only in 2028, so i couldn't do it either way, unless the Americans go wyld with it, and Disney gives up bothering anyway

@bookstardust Ouch, that's 4 more years, and also if Disney won't be allowed to extend it.

I doubt Disney will ignore it. Since they're the #1 Rightsholder who'll do everything to prevent their assets from entering the Public Domain; and if it does, to make it very confusing for everyone.

@lethargilistic