Free Mickey? (Don't Be Goofy)

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey Mouse – was let loose from the magic kingdom. Freed from the shackles of copyright, Walt Disney's iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest.

The law gives copyright owners a monopoly to exploit and monetize creative works. This monopoly is time-limited: it expires after certain periods have elapsed. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. The term of copyright depends on timing of creation and publication in the US, as well as the type of work in Canada. Once that term is up,