D&D 5E Steamboat Willie Available on DMs Guild!

overgeeked

B/X Known World
Common sense, or at least legal sense, does matter. Disney's lawyers can't manufacture a valid lawsuit out of thin air. And they're going to be very careful in how they push this issue as it might not go their way.
How many millions are you willing to gamble on the case? Disney has billions. They don’t need to win the case, they just need to outlast you financially.
 

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MGibster

Legend
How many millions are you willing to gamble on the case? Disney has billions. They don’t need to win the case, they just need to outlast you financially.
I hear things all the time in my line of work and it's just a variation of "They're too big and can't be defeated." I understand the logistics here, but with that attitude they'll always win. Disney couldn't prevent Steamboat Willie from entering the public domain and I don't think they'll be able to prevent people from using it as they wish.
 

overgeeked

B/X Known World
I hear things all the time in my line of work and it's just a variation of "They're too big and can't be defeated." I understand the logistics here, but with that attitude they'll always win. Disney couldn't prevent Steamboat Willie from entering the public domain and I don't think they'll be able to prevent people from using it as they wish.
Sigh. It’s not a question of using Steamboat Willie, the public domain cartoon that first featured Mickey Mouse. It’s a question of a multi-billion dollar international entertainment conglomerate protecting its trademark of the name “Mickey Mouse.” Those are two separate things. I’ve already provided examples of trademark holders rattling their sabres over public domain works that include trademarked characters. This is clearly pointless. Tschüss.
 

Clint_L

Hero
There are tons of articles from IP lawyers weighing in on this. Legal Eagle has an episode on it. The upshot is that it's complicated, but if you are just using the Steamboat Willie version of Mickey and not in a way that implies you are Disney, then you are probably fine, but if you assume that the entire character is in the public domain, then you are getting into murkier legal waters and it's not 100% clear how that would go.
 

Zardnaar

Legend
Sigh. It’s not a question of using Steamboat Willie, the public domain cartoon that first featured Mickey Mouse. It’s a question of a multi-billion dollar international entertainment conglomerate protecting its trademark of the name “Mickey Mouse.” Those are two separate things. I’ve already provided examples of trademark holders rattling their sabres over public domain works that include trademarked characters. This is clearly pointless. Tschüss.

Risk is someone eith an age to grind against Disney jumps in and funds said court case.

So Disney nay not want to litigate that either. They can lose that and it's now open season vs the odd cash grab.
 




overgeeked

B/X Known World
Just wait until the Hobbit hits public domain, I believe that's going to happen within the next decade.
Ha. As if MIDDLE-EARTH ENTERPRISES, LLC doesn't have every possible thing it can trademarked. It'll be the same situation as this. There are currently 557 live trademarks that show up in a search for "hobbit" on the TESS trademark search site...and it looks like every single one of them is owned by MIDDLE-EARTH ENTERPRISES, LLC.

Here are five relevant trademarks from the first 50. CDs and fantasy games. Video games. RPGs. Boardgames. Fantasy books.

So, sure, the Hobbit will be public domain at some point, but the word "hobbit" will be locked down tight.
 


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