Additionally, even though the copyright is expiring, the trademark is not.
“You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character,” Daniel Mayeda, associate director of the Documentary Film Legal Clinic at UCLA School of Law, told The Guardian. “But if you do so in a way that people will think of Disney — which is kind of likely because they have been investing in this character for so long — then in theory, Disney could say you violated my trademark.”
Disney originally fought Steamboat Willie becoming public domain via Sonny Bono because it was the home video era and it meant that anyone could sell VHS tapes with Steamboat Willie on them. It's no longer really relevant and Mickey is still trademarked, so they don't have much of a reason to fight it at this point.
Copyright is broken, but I am not sure how to fix it. I would shorten the term substantially but then extend it when new works are created. That way Disney could own the mouse forever. But as soon as they stop creating new shows with the character it enters the public domain quickly.
The fix is easy. It's already in the constitution. A 14yr initial term, then one 14 yr optional extension. That's it. You can profit from your good idea for 30 yrs, the good idea the culture around you helped ferment, then every one else our nation can share in it, enriching us all.
Thats the compromise the founders made between society and inventors when it took 6 months for a letter to travel across an ocean. With instant information access, copyright lasting for 140yr (lifetime of creator + 70yrs) and counting makes zero fucking sense.
Disney loses an iron grip on mickey mouse? Good. Gives others a chance to create wonders with an old idea, a character that is far past part of everyone's cultureal heritage. A charector that should not be constrained to one entity forever. The exact same way disney used someone elses fairy tales to create its wealth, we should be able to use the fairy tales they created nearly 100 yrs ago.
If they need more money, they can keep innovating. Hitting gold in 1936 should not carry on into 2023.
the us constitution does not set copyright length. it grants congress the power to guarantee to persons exclusive right to their work for a limited time.