colorful balloons at disney theme park

Mickey Mouse Copyright Protection expired after 95 years in 2024? Why did it end?

Written by: Karabo Samunzala

Edited by: Tshegofatso M Seretse (Nee Gareegope)

Introduction

Copyright law is like the bodyguard of your creativity, it’s there to protect your brilliant ideas, whether it’s your idea for a bestseller or a catchy song. But here’s a twist! Even bodyguards retire, copyright protection doesn’t last forever, when it expires, your works becomes part of public domain. So what happens next? Can you bring your copyright back? In this article, we’ll unpack how long a copyright lasts, what public domain is and suggest a few ways that Botswana can improve it’s copyright laws for the benefit of creators.

The answer to this is Yes! Copyright protection has a expiry date. According to the Copyright Act of Botswana, copyright protection typically lasts for a person’s lifetime plus 50 years after the person dies. Once this period ends, your work is no longer protected and did free for all to use.

Is there a way to bring your copyright protection back after it expires? No, once it’s gone, your work is free for all to use. 

What does Public Domain mean?

Public domain is like a giant library of creative works that are filled with creative works that are free for everyone to use. These works are no longer protected by copyright, either because the copyright protection has expired, the creator gave up their rights or the work was never eligible for copyright in the first place.

Once a creation is in the public domain it belongs to everyone. You can use it, share it or even adapt it into something new without asking for permission or paying fees, hence the existence of neighbouring right, see previous article here. For example, classic books like Pride and Prejudice by Jane Austen or music like Beethooven’s Fur Elise are some of the works that had their copyright protection expire and are now in the public domain.

Literally think of public domain as a place where old ideas get a new life and inspire fresh and innovative creations! Comment down below if you know of any other works that have made it into the public domain category.

Iconic Public Domain Works

One of the most talked about examples of work entering public domain is Mickey Mouse. Do you remember Mickey Mouse?

The original Mickey Mouse version from the year 1928 cartoon Streamboat Willie became public domain in the United States in 2024, allowing anyone, to use that specific depiction of the character, even outside the US!

Another classic that free to use and adapt is Franskenstein by Mary Shelley, this is why you’ve seen so many movies and different interpretation of the literary classic, the book has long passed its copyright expiration date. You can explore more iconic works that are free to use here.

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Botswana currently lacks a formal copyright registry under the Companies and Intellectual Property Authority (CIPA), instead creators are “encouraged” to record their works. The absence of a copyright registry promotes uncertainty about expiration dates. To address this Botswana could establish a centralized registry so creators could monitor their copyright and also use works that are in public domain. For specific details about Botswana’s copyright system, refer to the CIPA website 

Final Thoughts!

Copyright is not absolute, it has an expiry date, it’s like milk, you can’t drink spoiled milk, therefore you cannot renew an expired copyright, and you can only turn the spoilt milk into something new, like cheese or sour cream, copyright, functions like that too! 

Authors

Karabo Samunzala

LLB Graduate, Author in "My Botswana Storytelling, an anthology of short stories by 20 secondary school students".

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Tshegofatso M Seretse

Tshegofatso M Seretse (nee Gareegope) LLB, LLM, MBA is the Founder and Editor of Legal Dialog, whose mission is to empower lives through legal education. She is also an admitted Attorney, Conveyancer and Notary Public in the High Court of Botswana who loves the law and believes in legal advocacy. Tshegofatso is also a Published Author, Blogger and legal advocate.

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