When it comes to intellectual property, the lines can sometimes blur. Many clients ask: “Can something be protected by both copyright and trademark?” The answer is yes—and one of the best examples is the most famous mouse in the world: Mickey Mouse.
Copyright Protection
Copyright law protects original creative works, like books, music, films, and characters. When Walt Disney first introduced Mickey Mouse in 1928’s Steamboat Willie, the character and the animated film were protected by copyright.
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What copyright covered: The drawings of Mickey, the storyline, the animation, and later, every cartoon and film in which Mickey appeared.
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Duration: Copyright protection doesn’t last forever. For corporate works like Steamboat Willie, copyright generally lasts 95 years from publication. That means Mickey’s earliest appearance entered the public domain in 2024.
Trademark Protection
Unlike copyright, trademark law is designed to protect brands. Trademarks can last indefinitely, as long as they are actively used in commerce and properly renewed.
Disney didn’t just rely on copyright—they registered Mickey Mouse as a trademark.
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What the trademark covers: Mickey’s image, name, and likeness as used on merchandise, films, theme parks, and other branding.
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Why it matters: Even though Steamboat Willie has entered the public domain, Disney can still stop others from using Mickey Mouse in ways that would confuse consumers into thinking a product is affiliated with or approved by Disney.
Copyright vs. Trademark: The Key Difference
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Copyright protects the creative expression itself (the films, drawings, and original character designs).
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Trademark protects the use of a character or symbol as a brand identifier in commerce.
This overlap is why Disney’s Mickey Mouse remains protected today—even as some early works age out of copyright.
Other Examples
Mickey isn’t the only case of dual protection:
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Superman: Protected as a copyrighted character in comics and films, but also a trademark for merchandise.
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Winnie-the-Pooh: Early books are now in the public domain, but the Disney version and related branding are trademarked.
The Takeaway
Yes—something can be both copyrighted and trademarked. Copyright protects the creative work, but eventually expires. Trademark, on the other hand, can last forever with proper use, giving companies like Disney long-term control over beloved characters.