Walt Disney's 1928 copyright for Steamboat Willie is set to expire in three years, and MSCHF, a disruptive art collective, has positioned itself to take advantage of that expiration. Media + Entertainment Group co-chair James Sammataro recently discussed the situation with The Hollywood Reporter. The collective issued a "Famous Mouse" Manifesto to detail their reasoning.
According to a 2020 New York Times article, "MSCHF has raised at least $11.5 million in outside investments since the fall of 2019." That profit can be attributed to the regular sale of "viral prank merchandise" that gains significant attention in a relatively short timeframe. The company's most recent product, referred to as the "Satan Shoe," a custom pair of Nike Air Max 97s containing a single drop of human blood, sparked a lawsuit from Nike. Many expect a Disney-led suit will follow the sale of the newly announced piece titled the "X Famous Mouse."
The following is an excerpt from The Hollywood Reporter's coverage:
Which raises the question: Is this Mickey Mouse-ish thing, you know, legal?
"We believe so on the basis of research and expert advice," MSCHF says in its FAQ.
[...]
If all that sounds not entirely certain, an experienced copyright attorney contacted by The Hollywood Reporter predicted things could get contentious. "It's difficult to foresee a scenario where [art] of a not-yet-in-the-public-domain work would not give rise to a prospective claim," lawyer James Sammataro said. "Disney can credibly argue that the inchoate license devalues the current value of its licensing rights by diverting up would-be licensees."
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