Comment Re:Yeah, right ... (Score 2) 360
And another important correction. Mickey Mouse cannot enter the public domain, because Disney has trademarked the character.
Guess again.
Trademarks only exist so long as they serve as a source identifier for marked goods or services. That is, LEVI'S is a trademark because pants with that mark on them can only come from Levi Strauss & Co. But BLUE JEANS is not a trademark (for pants) because pants with that mark on them could come from anywhere.
Once Steamboat Willie hits the public domain, everyone is entitled to make copies of it. This means that a good which has MICKEY MOUSE in it can come from anywhere. And so MICKEY MOUSE cannot function as a trademark, at least for animated films. Further, everyone will be entitled to make new movies which are derivative of Steamboat Willie, if only in that they also feature the Mickey Mouse character (though without any of the changes he's had since 1928). So new animated films will appear as well.
You could still presumably have those novelty ice cream bars that carried the MICKEY MOUSE trademark, or those mouse eared party balloons, but that's probably little consolation to Disney.
This all basically dates back to the interaction of a patent and a trademark case: when shredded wheat was invented, it was patented and sold under the SHREDDED WHEAT trademark. Eventually the patent expired and competitors began selling the same product using the same mark, and the Supreme Court found they had every right to do so, since SHREDDED WHEAT was the name of the product that could now come from anywhere.
Also there was a more recent case in which the Supreme Court again pointed out that trademarks are not a substitute for copyright, and cannot be used to get around the constitutionally required time limits on the duration of copyrights or patents.
(And ironically, meanwhile, there is some reason to think that Steamboat Willie is already in the public domain, due to the specific requirements of the copyright law that applied at the time it was originally released. But the question has never been properly settled, AFAIK.)