January brings a lot of things with it: New Year’s Resolutions, a deluge of commercials from companies offering to do your taxes, another chance for the Cowboys to choke in the playoffs, and – most importantly – new items moving into the public domain. A quick explanation for those of you who don’t know: when a creative work (like a book, painting, movie, song, etc.) moves into the “public domain,” that means that the copyright has expired and anyone is free to use that work in certain ways – remake it, create derivative works, write their own sequels, and so forth. It’s the reason that anybody can make their own version of a Shakespeare play or a Dickens novel, or why it’s okay to sing certain songs on TV without worrying about paying for the rights. The full explanation is as complicated as anything else related to the law, but currently, copyrights in the United States last for 95 years, with the work in question rolling into public domain on the first of January the next year. Over the last few years, this has taken on an almost party-like atmosphere, with people champing at the bit as they wait to see what new toys they’ll have to play with. In recent years we saw The Great Gatsby enter public domain, bringing forth a wealth of unauthorized sequels, “reimaginings,” and crappy party supplies bought by people who didn’t read or understand the book. Two years ago, the earliest Winnie-the-Pooh books joined the club, bringing with them the inevitable horror movie Winnie-the-Pooh: Blood and Honey. And a few days ago, on January 1, 2024, we got the big enchilada. “Steamboat Willie” and “Plane Crazy” entered the public domain, the first two shorts starring a little guy the world would come to know as Mickey Mouse.

I need you all to understand something. I am a firm adherent to protecting copyright. The person who creates a work of art is entitled to exploit that art to the fullest. Sometimes, of course, they “exploit” that right by selling the copyright to someone else or, in the case of a lot of things, they created it as a work-for-hire and a company owned the copyright from the beginning. (There are a lot of people who have been screwed by work-for-hire agreements, historically, but the principle is valid.) But I also believe that this protection should expire and that works should eventually become free to use by all, and that’s for the good of art itself. Allowing future generations to create their own twists and spins on a classic piece of art or storytelling helps to keep those works fresh and alive. But it’s also important that those works be respected in the process. So while I’m not terribly surprised that mere hours after “Steamboat Willie” became free to use we were deluged with announcements of Mickey Mouse as the star of horror movies and violent video games, I am substantially disappointed that people can’t find a better way to use this newfound freedom.

There have been great works created based on things that are in the public domain. Universal Studios built their brand on it in the 1930s with their versions of Dracula and Frankenstein, neither of which were particularly faithful to the respective novels (Dracula was actually based on the stage play), but they still defined the characters for subsequent generations. Without those two films, who’s to say anybody would remember Bram Stoker or Mary Shelley today? There are a thousand and twelve versions of A Christmas Carol, and although plenty of them are trash, there are also some excellent ones. A Muppet Christmas Carol is a fantastic rendition of the story, quite faithful to the book, with one of Michael Caine’s most legendary performances. Scrooged is a great update of the story to the 1980s, with Bill Murray giving us a different but perfectly valid take on the character, making it into something new while still, clearly, owing its own existence to the Charles Dickens novel. And what about West Side Story, the 1950’s musical about street gangs that lifts cleanly from Romeo and Juliet? In fact, I would argue that West Side Story actually IMPROVES upon Romeo and Juliet. In West Side Story, the two young lovers are destined for a tragic ending because of the arbitrary labels of race and class that divide them, making a statement about those things that was not only poignant to the era and place where the musical is set, but is equally applicable to all times and all places. In the original Romeo and Juliet, though, the two young lovers are destined for a tragic ending because everybody in that play is dumber than a sack of hammers. 

(Note to any ninth grade students who are scheduled to study Romeo and Juliet in this upcoming spring semester: I am TOTALLY kidding about this. Romeo and Juliet is the bomb. The bomb dot com. Listen to your teacher and stay in school.)

Anyway, the point I’m getting at is that the folks behind Mickey’s Mouse Trap and other, similar works are taking the easy way out. They also display a pretty specious understanding of how copyright actually works, because what’s in public domain are specifically the versions of Mickey and Minnie that originally appeared in “Steamboat Willy” and “Plane Crazy,” nothing else. They also don’t seem entirely aware that copyright and trademark aren’t quite the same thing, and the trademark behind Mickey is still nice, strong, and supported by enough lawyers employed by the Walt Disney Entertainment Global Megaplex and Shadow Government to invade Portugal. They may be able to get away with showing a guy in a black-and-white Mickey Mouse costume holding a knife, but calling the movie Mickey’s Mouse Trap? I am sitting nearby with a bucket of popcorn waiting for the lawsuits to start.

But even if that weren’t the case, that doesn’t change the fact that a Mickey Mouse slasher movie is the cheap and easy way out. The freedom we get when something joins public domain is important, but far too many people waste that freedom with lazy works churned out for shock value without any real reason to create something other than to say, “Heh heh, that’s messed up.” And while I know some would disagree with me here, that’s not a good enough reason. Blood and Honey thought it would be funny to take a beloved icon of childhood and make it a bloodthirsty killer. I didn’t see the movie because, frankly, the idea itself is distasteful to me (and you’re talking to someone who’s excited about the Toxic Avenger remake, for heaven’s sake). But at least they did it first. The filmmakers behind Mickey’s Mouse Trap don’t even have THAT in their favor. They’re pulling the same joke somebody else did. It’s lazy, and it’s boring. Telling a bad joke once is unfunny. Stealing a bad joke from somebody else is the sign of a hack.

I usually have a pretty firm rule not to try to analyze a movie I haven’t seen, so I’m going to base my critique purely on the trailer, which not only looks lazy and boring, but straight-up steals one of the most famous jokes from the first Scream movie. In and of itself, the fact that they chose to showcase this joke in the trailer quashes any hopes I may have had for this movie’s transcendence, I’m sure the filmmakers, if confronted with this, would claim it’s an “homage,” but if this were an essay turned in by one of my 12th-grade students, this is where I would stop reading and simply give them an “F” for plagiarism. (Unless, of course, they gave proper citations to Kevin Williamson and Wes Craven.) 

Do you have the right, legally speaking, to make a movie whose only real purpose seems to be to show cartoon characters committing brutal acts of violence? Sure. But as George Lucas tried to demonstrate to us when he had Greedo shoot first, just because you have the right to do something doesn’t always make it a good idea. The best argument for letting works into the public domain is so that new, innovative works can be built upon those things that have helped build our culture. Things like Mickey’s Mouse Trap fails on both of these counts. 

The 1920s and 30s were a pretty rich time, culturally speaking, and there are a lot of characters and works that will soon be free to use. Next year the first Marx Bros movie, The Cocoanuts, will be in the public domain, along with Ernest Hemingway’s novel A Farewell to Arms. In 2027, the aforementioned Universal Frankenstein and Dracula movies will no longer be copyrighted. And looking ahead a decade, the first appearances of Superman will be public domain in 2034, followed the next year by Batman and, the year after, Wonder Woman. And I’m sure there’s some hack filmmaker already planning to do his Superman slasher that year (hint: there already is one, it’s called Brightburn, and it was pretty good), followed by the other two, and then bringing them together as an evil Justice Society once All-Star Comics #3 joins the PDA (Public Domain Association). 

I’m putting you on notice now, guys: if you’re planning to exploit these works when the time comes, that’s fine. That’s your prerogative. But if your idea of doing so is nothing more than “Ha ha, what if Superman murdered people?” keep it to yourself. We all deserve better. 

Blake M. Petit is a writer, teacher, and dad from Ama, Louisiana. His current writing project is the superhero adventure series Other People’s Heroes: Little Stars, a new episode of which is available every Wednesday on Amazon’s Kindle Vella platform. He feels ways about things sometimes.