What marketers and startups need to know now: Numerous works of art have been in the public domain since January 1, 2025

With the dawn of January 1, 2025, a fascinating door has opened for creatives, marketers and founders: numerous works of art, whose creations began in 1929, have entered the coveted status of the public domain. This development is much more than just a legal formality; it is a catalyst for innovation that allows us to build on a rich fund of cultural heritage, reinterpret it and adapt it for contemporary purposes. Public domain means that the original copyrights in these works have expired, opening up a wide range of possible uses without the need for permissions or royalties. This applies not only to visual art, but also to literature, music and films, which shaped cultural life almost a century ago.

The opportunities this creates for marketing strategies and young companies are immense. Imagine infusing an advertising campaign with iconic images of 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 the past and the present, combining nostalgia and the familiar with fresh ideas and contemporary concepts.

However, caution is advised. The world of copyright is a complex terrain, riddled with pitfalls and exceptions that can challenge even experienced professionals. A succinct example that highlights the need for careful consideration is the story of Mickey Mouse.

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

The iconic character Mickey Mouse, whose worldwide breakthrough came with the animated short “Steamboat Willie” in 1928, entered public domain status in the United States on January 1, 2024. However, this explicitly concerns the original version of the character from “Steamboat Willie”. It is crucial to understand that this release refers solely to this specific depiction and not to later, more evolved versions of the mouse with the signature white gloves or in other iconic poses. These later incarnations continue to enjoy copyright protection. So you could say that, in a sense, only the “original mouse” from the steamer boat can now be used freely.

In Germany, however, the legal situation is significantly different and highlights the national differences in copyright law. According to Section 64 of the Copyright Act (UrhG), the public domain in this country only comes into effect 70 years after the death of the author or the last deceased co-author. Since Ub Iwerks, one of the main 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 appropriate licensing from Disney would still have legal consequences.

But the complexity doesn't end there. In addition to copyright, trademark law also plays a crucial role, which can limit the possible uses of the “Steamboat Willie” mouse even in the USA. Walt Disney secured the trademark rights for the cartoon character as early as 1928. In contrast to copyright, which is limited in time, trademark protection does not automatically expire after a certain period of time. Rather, it remains in existence as long as the brand is actively used. And that's exactly 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 used regularly by Disney, whether in merchandise, logos or nostalgic throwbacks. This means that trademark protection continues and commercial use that could cause confusion with Disney products is still prohibited.

This Mickey Mouse case vividly illustrates that while the public domain opens a door to creative possibilities, it does not simply invite people to walk through it. A careful examination of the specific copyright situation, possibly in conjunction with trademark rights and other intellectual property rights, is essential in order to avoid costly legal disputes.

The diversity of possibilities: Creative use of works from 1929

The works that are now entering the public domain reflect the cultural diversity and zeitgeist of 1929. It was a time of change, of awakening, but also of uncertainty shortly before the global economic crisis. Significant works of literature emerged whose characters and stories still have an impact today. Novels, poems and plays offer a wealth of inspiration for new narrative forms, adaptations in film or theater or even for innovative marketing campaigns that are based on literary motifs.

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

The music of 1929 is another field full of 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 serve as inspiration for modern music productions. Even in the area of ​​advertising, catchy melodies from this period can have a nostalgic effect and establish a connection with a specific target group.

Not to be forgotten are the films that were released in 1929. Silent films that impress with their visual narrative power can be given new music and sound effects and reach a whole new audience. Film excerpts, 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-famous artists are now in the public domain. Kahlo's expressive self-portraits and Matisse's colorful paintings can now be freely used.
• Other well-known artists: The works of André Derain, Jean Curot and Paul de Pidoll de Quintenbach have also entered the public domain.

Possible uses for companies

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

Pitfalls and ethical considerations

Although the public domain allows free use, some important aspects should be kept in mind. On the one hand, it is important to respect the authorship of the works and – where possible and sensible – to name 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 may be legally permissible but may be ethically questionable. For example, alienating or decontextualizing a work can distort the original meaning or disregard the artist's intention. A sensitive approach to cultural heritage is required here.

Additionally, it is important to know the difference between copyright and related rights. For example, performances by musicians or actors may still be protected by ancillary copyrights, even if the underlying work is in the public domain. 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 part of a living and evolving culture. It makes it possible to build on the knowledge and creative achievements of past generations, to develop them further and to reinterpret them. Without the public domain, many artistic and scientific achievements would forever remain 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 purposes. This can be a key competitive advantage, especially in industries where creative content plays an important role.

The regular release of new works into the public domain is an important stimulus for innovation and cultural diversity. It is proof that knowledge and creativity should ultimately be made accessible to the general public in order to create new inspiration and promote cultural development. The works of 1929 are now part of this shared heritage, waiting to be rediscovered and brought to life by creative minds. It is now up to marketers, startups and all creative professionals to take advantage of these newfound opportunities and transform the treasures of the past into the present.

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