From Mickey Mouse to Winnie the Pooh: Many Classic Characters are Losing their Copyright Protection in 2024  

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By design, copyrights can exist for only a certain amount of time. In the United States, for creative productions that appeared before 1978, that time is 95 years. (After 1978, the U.S. Patent Office changed the rules, such that most U.S. copyrights issued today last for the lifetime of the creator, plus 70 years.) A little quick math, and you realize that everything published in 1928 has lost its copyright protections. A little quick history lesson, and you realize why this particular annual milestone is significant: 1928 saw the introduction of a wealth of globally known, nearly universally recognized characters. A selected list includes Mickey Mouse and Minnie Mouse, Winnie the Pooh and Piglet, and Peter Pan. Because the initial versions of each of these characters first came into being in 1928, today’s creative artists, marketers, and advertisers can use them freely and for any purpose. They need to take some care though; the version of Mickey Mouse that is now accessible to the public is only the one that appeared in Disney’s first film featuring him, Steamboat Willie. More recent versions still fall under strict protections. But artists should not necessarily feel limited by that requirement. Copyright protection applies to various other artistic works, including songs and literature. That means that anyone can leverage the once-scandalous plot of Lady Chatterley’s Lover or the sounds of “Mack the Knife” and “The Charleston” in their current artistic endeavors, without fear of reprisal—at least in a legal sense. Nobody had better turn Winnie the Pooh into a murderous psychopath or anything, or they will be in big trouble with us.*

*Too late. Winnie the Pooh: Blood and Honey is terrifyingly slated for release in early 2024.

Sources: Sopan Deb, “These Classic Characters Are Losing Copyright Protection. They May Never Be the Same,” The New York Times, January 1, 2024; Darryn King, “Oh Much More than Bother: This Winnie the Pooh Is Terrifying,” The New York Times, February 9, 2023

Beyond Football: This Year’s Trends in Super Bowl Advertisements

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People who tune into the Super Bowl might be classified into two main groups: sports fanatics who are determined to watch every down, and everyone else, who watches mostly for the commercials (and maybe a Taylor Swift sighting or three). But among this latter, more casual group of viewers, we can also find evidence of true dedication. That is, some 160,000 viewers register in advance of the game, agreeing to rank the commercials during the broadcast, and then USA Today publishes the results. The lists offer some interesting insights into current trends. For Super Bowl LVIII, nearly half of the top 10 most popular advertisements leveraged people’s nostalgic affection for good buddies: Danny DeVito helped Arnold Schwarzenegger enunciate the final syllable in “neighbor” in State Farm’s well-known tagline; Matt Damon complained to Ben Affleck that “Sometimes, it’s really hard to be your friend” before participating in a performance by the “Dun’kings” while wearing Dunkin’-branded jumpsuits; Jennifer Aniston (Rachel) forgot who David Schwimmer (Ross) even was, to make room in her brain for recalling what Uber Eats delivers; and the Clydesdales relied on their old Labrador Retriever friend to lead the way for a delivery by Budweiser. As these examples indicate, many of the most popular ads were humorous. But others actively sought an emotional appeal and made ethical claims, including Dove’s encouragement of bodily confidence among young girls; Google Pixel’s demonstration of how it was working to increase inclusivity among people with limited vision; the NFL’s determination to expand access around the globe; or the reminder from the Foundation to Combat Antisemitism that silence allows for hatred to persist, whereas making our voices heard means standing up to hate. In addition to their popularity among the estimated 123.4 million viewers who tuned in, we hope the advertisements were effective in meeting the companies’ marketing objectives too, considering that a 30-second slot cost a record-breaking $7 million in 2024.

Sources: “Best 2024 Super Bowl Commercials,” USA Today, February 13, 2024; Suzanne Vranica, “How Much Does a Super Bowl Ad Cost this Year?” The Wall Street Journal, February 13, 2024

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From Greenwashing to Green Hushing: Strategic Approaches to Communicating About Sustainability Efforts

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When it comes to communicating about their environmental initiatives, societal trends appear to be following a pendulum, and the constant …

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Packaging vs. Reality: The Debate Over Product Representation

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Does the cute picture on the package of consumer packaged goods, like candy, need to reflect the contents? According to one recent lawsuit, there should be no question. If Hershey’s, for example, develops a wrapper for its Halloween-themed Reese’s Peanut Butter Cup Pumpkins that shows the candy embossed with the face of a cute jack-o-lantern, that’s what the candy should have. But in actuality, the candies take the shape of a pumpkin, without any additional décor or faces or colored candy additions. Consumers expecting the extra decoration on their treats in turn might find themselves disappointed, as well as frustrated if they spent a little extra money for that decoration. Similarly, the Reese’s Peanut Butter Cup Footballs that Hershey’s releases in the fall for gridiron fans take the ovoid shape of an actual football, but they have no visual laces, as is also depicted on the labels. To make the case, the plaintiff in this suit must demonstrate that the “material misrepresentation” created by the attractive packaging is part of what induces people to make the purchase, even though it is not the product they will receive. What do you expect: Is what you see what you will get when you make a purchase?

Sources: Lavina Suthenthiran, “Hershey Sued Over Misleading Packaging on Reese’s Festive Candies,” Retail Wire, January 2, 2024.