Why Disney Chooses to Keep Their Content Under Copyright? And Why Should They Consider the Public Domain?

The question of whether Disney should release their intellectual properties into the public domain has been a subject of much debate and curiosity. Many argue that these iconic characters and stories, which have become a significant part of our cultural heritage, should be available for everyone to access, use, and enjoy. However, Disney, like many other multinational entertainment companies, sees its content as a source of ongoing revenue.

Why Disney Keeps Their Content Under Copyright

Business Motivation: Because they are a business and need money to make investors happy.

Disney, like any other company, is primarily driven by profit. Intellectual property, such as movies, television shows, and cartoon characters, serves as a valuable asset that can generate significant revenue through various channels. When content is under copyright, Disney can control its distribution, derive income from merchandise sales, licensing deals, and ongoing streaming rights. This financial security is crucial for maintaining the company's financial health and meeting the expectations of its investors.

Control Over Usage: Because putting things in the public domain opens the content to things you may not want to see your content used for.

Another reason is the control Disney has over how its intellectual property is used. Public domain content can be freely utilized without any restrictions or royalties. This freedom comes with potential drawbacks, such as misuse or exploitation of the content. Disney values its brand consistently and recognizes that maintaining a high level of quality and authenticity is crucial for its success. By keeping its content under copyright, Disney can ensure that only approved uses are permitted, preserving the integrity of its intellectual property.

Preservation of Value: Because they don’t want to, and besides they don’t have to. Their stuff will go into the public domain soon enough.

Many argue that Disney could release its content into the public domain in the near future, given that copyrights have a limited lifecycle. However, Disney has no incentive to do so voluntarily. The fair use doctrine and public domain eventually come into play, but this process is beyond Disney's control. Moreover, Disney-owned intellectual properties, such as Mickey Mouse, are subject to the provisions of the Sonny Bono Copyright Term Extension Act, which extends the copyright term to 95 years from the date of creation.

The Argument for Disney Releasing Content into the Public Domain

Some argue that Disney should release their content into the public domain for several reasons.

Cultural Preservation: Why do they need to control it?

Putting Disney's content into the public domain would allow for broader cultural appreciation and educational use. It would democratize access to iconic characters and stories, making them available for research, reinterpretation, and adaptation by students, scholars, and fan communities. This could lead to a richer cultural landscape and foster creativity and innovation.

Economic Benefits: Public domain content can drive market innovation and competition.

Publicly available Disney content could lead to market competition and innovation. Imagine independent creators using Mickey Mouse to create new and unique stories, animations, or merchandise. This could lead to new forms of entertainment and economic opportunities, benefiting the broader entertainment industry and consumers.

Public Opinion: People who perceive Disney negatively might change opinions.

Releasing content into the public domain could change public perceptions of Disney. By showing a willingness to share their intellectual property, Disney might appear more open and community-driven, potentially leading to more positive public opinion and support.

Conclusion

The decision to keep Disney's content under copyright is a strategic choice driven by business motivations and a desire to protect and control the use of their intellectual properties. However, there are compelling arguments for why Disney should consider releasing some of their content into the public domain for the sake of cultural preservation, economic benefits, and improved public perception. This debate highlights the balance between commercial interests and the broader public good.