I love that we’re having a whole hypothetical discussion about this. I think the time in the timezone where the rights were held probably took priority over the time for the poster of the image at the time of upload. Regardless of what timezone you post from, it would have been posted before midnight for Disney and the relevant courts.
Free speech doesn’t apply to Intellectual Property at all, or rather you’re free to say whatever you want but you can still be sued for anything that you say.
Trademark. Not copyright. And the part that is covered is Mickey.
This could also be covered under copyright, since the only Mickey that went into public domain is the one from Steamboat Willie, not this one. I’m not a lawyer, though.
Technically this post is illegal until tomorrow, but I dig that.
It’s tomorrow in some places 😂.
Yeah but the IP was held by an American Company.
Happy New Year.
Would using a VPN make posting it from NZ illegal right after midnight if the IP is logged from a country not past midnight?
I love that we’re having a whole hypothetical discussion about this. I think the time in the timezone where the rights were held probably took priority over the time for the poster of the image at the time of upload. Regardless of what timezone you post from, it would have been posted before midnight for Disney and the relevant courts.
That sounds to me like it’s probably correct. 👍
Probably.
Are you from the future?
I am now.
They used to be
Not really. I think it’s considered free speech if it’s sarcastic or a parody.
Free speech doesn’t apply to Intellectual Property at all, or rather you’re free to say whatever you want but you can still be sued for anything that you say.
What you’re thinking of is “Fair Use”.
Thanks for the clarification.
" If Disney sues, we’ll claim fair use…
Ho hi! "
“hi ho, hi ho, it’s off to court we go…”
And fair use exists to protect free speech.
Yes, the infamous “sarcastic” exception to copyright.
It’s still illegal. This version of Mickey Mouse is still covered under trademark law.
What do you mean? What part of this infringes on copyright?
Trademark. Not copyright. And the part that is covered is Mickey.
This could also be covered under copyright, since the only Mickey that went into public domain is the one from Steamboat Willie, not this one. I’m not a lawyer, though.
This is the one from steamboat willy though
Why?
As of 2024, Micky is now public domain, at least the variant from Steamboat Willie.