Going into Public Domain – January 1, 2024

As publishers, we and our authors have a deep interest in copyright law. The Founding Fathers recognized the importance of copyright in the U.S. Constitution—the powers given to Congress in Article I, Section 8 include: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Thus, the Founding Fathers struck a balance between rewarding creators, on the one hand, and benefiting the greater society, on the other hand, by giving creators the exclusive right to exploit their creation, but only for a limited time—after which their inventions, writings or other creations would become available to others to use and reuse however they would like.

Without assurance that we have the exclusive right to exploit the works we publish for a period of time, we would not undertake to invest the time, energy and money required to produce first-rate books and other materials.

Under current U.S. law, the term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. More info from the US Copyright Office.

Every year on January 1, a new batch of copyrighted works and intellectual property enters the public domain. Yesterday, January 1, 2024, works published in 1928 (and earlier) became available for public use.

The many works that entered the public domain yesterday include the first versions of Mickey and Minnie Mouse, featured in the 1928 Disney short Steamboat Willie; A. A. Milne’s House at Pooh Corner, which introduced the springy-tailed Tigger to the Hundred Acre Wood; and J. M. Barrie’s Peter Pan; or the Boy Who Wouldn’t Grow Up. See all works that entered the public domain in 2024 here.

Mickey and Minnie Mouse, being among the foundational characters upon which the Walt Disney Company was built, may be of particular interest. This article reviews what the public can and cannot do with these characters, now that their first appearance has entered the public domain.