What marketing specialists and startups need to know now: Since January 1, 2025, numerous works of art have entered the public domain.

With the arrival of January 1, 2025, a fascinating door opened for creatives, marketers, and entrepreneurs: numerous works of art, whose creation originated in 1929, entered the coveted public domain. This development is far more than just a legal formality; it is a catalyst for innovation, allowing us to build upon a rich trove of cultural heritage, reinterpret it, and adapt it for contemporary purposes. Public domain status means that the original copyrights on these works have expired, opening up a wide range of uses without the need for permissions or licensing fees. This applies not only to visual arts but also to literature, music, and films that shaped cultural life almost a century ago.

The opportunities this presents for marketing strategies and young companies are immense. Imagine creating an advertising campaign with iconic images from the Roaring Twenties, using literary masterpieces as inspiration for new product lines, or reviving the melodies of long-forgotten compositions in modern soundtracks. The possibilities are as diverse as the works themselves. It's about building a bridge between past and present, connecting nostalgia and the familiar with fresh ideas and contemporary concepts.

However, caution is advised. The world of copyright law is a complex terrain, riddled with pitfalls and exceptions that can pose challenges even for experienced experts. A striking example that underscores the need for careful examination is the story of Mickey Mouse.

The Mickey Mouse Case: A Lesson in Copyright and Trademark Law

The iconic character Mickey Mouse, whose worldwide breakthrough came with the animated short film "Steamboat Willie" in 1928, entered the public domain in the United States on January 1, 2024. However, this explicitly applies to the original version of the character from "Steamboat Willie." It is crucial to understand that this release pertains solely to this specific depiction and not to later, more developed versions of the mouse with the characteristic white gloves or in other iconic poses. These later incarnations remain protected by copyright. In essence, only the "original" mouse from the steamboat can now be used freely.

In Germany, however, the legal situation is significantly different and illustrates the national differences in copyright law. According to Section 64 of the Copyright Act (UrhG), works only enter the public domain 70 years after the death of the author or the last surviving co-author. Since Ub Iwerks, one of the key creators of Mickey Mouse, only died in 1971, the character remains protected by copyright under German law until at least the end of 2041. This means that using the character in Germany without a corresponding license from Disney would continue to have legal consequences.

But the complexity doesn't end there. Besides copyright, trademark law also plays a crucial role, which can even restrict the use of the "Steamboat Willie" mouse in the USA. Walt Disney secured the trademark rights for the cartoon character back in 1928. Unlike copyright, which is limited in time, trademark protection doesn't automatically expire after a certain period. Rather, it remains in effect as long as the trademark is actively used. And that's precisely the case with the original Mickey Mouse from 1928. Although numerous variations of the character have emerged over the decades, the original version from "Steamboat Willie" is still regularly used by Disney, whether in merchandise, logos, or nostalgic retrospectives. This means that the trademark protection continues, and any commercial use that could create confusion with Disney products remains prohibited.

The Mickey Mouse case vividly illustrates that while the public domain opens a door to creative possibilities, it doesn't simply invite unfettered access. A careful examination of the specific copyright situation, possibly in conjunction with trademark rights and other intellectual property rights, is essential to avoid costly legal disputes.

The diversity of possibilities: Creative use of works from 1929

The works now entering the public domain reflect the cultural diversity and spirit of the times in 1929. It was a time of change, of new beginnings, but also of uncertainty on the eve of the Great Depression. Significant works of literature emerged, whose characters and stories continue to resonate today. Novels, poems, and plays offer a wealth of inspiration for new narrative forms, film and theater adaptations, and even innovative marketing campaigns that draw on literary motifs.

In the visual arts, too, works were created in 1929 that were stylistically influential for their time. Paintings, sculptures, and prints can serve as a basis for modern design, be it in fashion, product design, or visual communication. The aesthetics of the 1920s, with its clean lines, Art Deco, and emerging Surrealism, offer a rich source of inspiration for creative reinterpretations.

The music of 1929 is another field brimming with possibilities. Jazz, blues, and early forms of pop music shaped the sound of this era. These melodies and rhythms can be quoted in new musical compositions, rearranged, or used as inspiration for modern music productions. Even in advertising, catchy melodies from this period can evoke nostalgia and connect with a specific target audience.

Not to be forgotten are the films that first graced the screen in 1929. Silent films, which captivate with their visual storytelling power, can be enhanced with new music and sound effects, thus reaching a completely new audience. Film clips, characters, or stylistic elements can also be quoted or parodied in modern film productions, music videos, or commercials.

New public domain works

• Frida Kahlo and Henri Matisse: The works of these two world-renowned artists are now in the public domain. Kahlo's expressive self-portraits and Matisse's colorful paintings can now be used freely.
• Other notable artists: The works of André Derain, Jean Curot and Paul de Pidoll de Quintenbach have also entered the public domain.

Potential uses for businesses

• Free resources: Public domain works can be used for various purposes without license fees, which is particularly attractive for startups with limited budgets.
• Marketing materials: Vintage illustrations or excerpts from classic literature can be integrated into branding strategies.
• Product design: Old botanical prints or antique maps can be used for packaging design or interior decoration.
• Digital content: Public domain works are ideal for social media posts, blog posts and newsletters.

Pitfalls and ethical considerations

Although the public domain allows for free use, some important aspects should be considered. Firstly, it is important to respect the authorship of the works and – where possible and appropriate – to credit the original creators. Even if this is not legally required, it is an act of appreciation and respect for the artistic achievement.

On the other hand, one should be aware that certain uses, while legally permissible, may be ethically questionable. For example, distorting or decontextualizing a work can misrepresent its original meaning or disregard the artist's intention. A sensitive approach to cultural heritage is therefore essential.

Furthermore, it is important to understand the difference between copyright and related rights. For example, performances by musicians or actors, even if the underlying work is in the public domain, may still be protected by neighboring rights. Here, too, a careful examination of the legal situation is essential.

The importance of the public domain for culture and innovation

The public domain is an essential component of a vibrant and evolving culture. It allows us to build upon, develop, and reinterpret the knowledge and creative achievements of past generations. Without the public domain, many artistic and scientific accomplishments would remain forever in the hands of a few, and the free exchange of ideas and creativity would be severely restricted.

For startups and small businesses, the public domain offers a unique opportunity to access high-quality content at low cost and use it for their own purposes. This can be a crucial competitive advantage, especially in industries where creative content plays a vital role.

The regular release of new works into the public domain is therefore an important impetus for innovation and cultural diversity. It demonstrates that knowledge and creativity should ultimately be made accessible to everyone in order to generate new inspiration and drive cultural development. The works from 1929 are now part of this shared heritage and await rediscovery and revitalization by creative minds. It is now up to marketers, startups, and all creative professionals to seize these newly gained opportunities and transform the treasures of the past into something relevant today.

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