Chapter 19: At The Premier
it was belated but here’s a christmas gift from me to you!
It was a hot day filming at the ranch. Buster felt it upon leaving his joint bunkhouse. He regretted using a blanket due to the nightly chill that he woke up to his undershirt damp with sweat the following morning. He thought he could sleep in a buff if the heat remained constant, but having bunkmates present would keep him from doing so.
The knowledge of the desert climate came prepared for Keaton and the crew as they brought resources from their temporary headquarters in a Kingston Hotel. They had a flask of water for whoever needed it as well as a block of ice that had to be delivered 50 miles to keep the camera cool lest the film inside would melt.
When Buster hoped there wouldn't be any obstacles on set, Brown Eyes wasn't right that day.
Before the camera rolled again, the crew had her out in unbearable heat, but she didn't follow Buster when he walked. Even Buster tried to use the fine string, but it wouldn't do a thing as they struggled to make her move. It was surprising for the company because the cow was fine before and then she disobeyed orders the next day.
A rancher was called to examine the brown cow in her corral to determine what was wrong. Buster sat in a director’s chair while waiting for the results, hoping it was not for the worse.
Buster stood up when the rancher came to him, “Have you found anything wrong with Brown Eyes?” he asked.
“Yes, That cow’s in heat,” He told Keaton.
“No kidding, we’re sweating like we’re in the Turkish bath.”
“No, she is in heat,” then the man explained that his animal co-star was in a cycle where she was eager to mate with a male species. Buster felt a bit uneasy hearing of this. “She won't be of much use until she gets over that,” he concluded.
“How long does that take?”
“Oh, about ten days or so.”
Then it was made aware that the only way to help the cow in heat was to have her find a mate.
The crew was able to escort the cow to the cattle residing at the ranch. Brown Eyes was interested in that one bull but rejected it. The other bull attempted to charge her in jealousy then she was saved from being gored by the ranch cowboys. Buster was disappointed with the failed result and the crew discussed another option.
One of them told Keaton, “We’re gonna have to bring another cow as a double.”
“To hell you can. She has already worked in many scenes. She was insured and I trained her to go through a damn door.”
Another said, “She’s a brown Holstein, no soul could tell her apart.”
Buster pointed to the cow’s face, “With those markings, I bet they’ll notice the difference. We’re not using another cow and that’s final!”
They decided to wait it out.
They would film a few scenes that didn’t involve the cow. Later the company retreated to Kingston for a break from the heat. Buster would visit the ranch daily to check on the animals and the cameraman who chose to stay behind to take landscape shots for a few hours, although neither of them wasn’t sure they would use the country scenes for the feature. Buster sighed at the sight of his lonely animal co-star, sympathizing with her while hoping she would get better luck with the steer next time.
Back in the hotel, Buster had thought of Gail. Her arm had improved by now, and he had considered contacting her to see how she was, but she might be working with Sennett again. He knew that Gail still had feelings for him, but she had to protect her virtue. Buster appreciated her values but doesn’t think he should remain with another fella who had nothing to do with sex.
Buster didn't want to break a woman’s heart before seeing her present form so he called Natalie instead. He asked how things went and reluctantly told her of the situation and the wait due to this going to Norma.
Then he was informed by his wife of the event in Hollywood that would give him a reason to take a trip back home.
**************
A fine-looking car arrived by a modest house. A man with an athletic stature stepped out and fixed his bowtie, ready to impress his sweetheart. Almost immediately, T-Mobile had shown up also. The driver was a thin guy of average height. He had no bowtie; he glued a loose one to his shirt. Gail came out of that house to happily greet her two admirers. The muscular man proudly wipes the vehicle with his arm. The other guy did the same to his car, only to suddenly break down to pieces.
“And cut!” Del Lord called through the megaphone. He was satisfied with the scene they had done. “You all did very well. Just for one take, we didn't want to put that thing back together,” he said about the car.
Harold, Maxwell, and Gail had resisted moving except on commands from their director.
She raised her hand, “I can do a variety of expressions if necessary.”
“Oh yeah sure thing,” he nodded, not seeming to care. Gail had worked with directors before. She never expected to be anyone’s favorite and she’s just another pretty face so she’s nothing different. Moving on to the scene, Del called, “And action!”
Gail hoped her new role was worth it. She enjoyed every minute in front of the camera. On her first day back, she was surprised to have been greeted by most of the players and bathing beauties. She was glad to be appreciated in the studio.
Soon after the filming concluded, a studio secretary came to Gail in her standard dressing room, “Pardon me, Mr. Sennett would like to speak to you at his office.”
Gail gulped. Did she not meet Mr. Sennett’s expectations? Is he gonna fire her? She took a deep breath to get her emotions in check as she went into his office.
There a middle-aged man who had yet any grays on his hair was lining up one of his framed pictures of comedians who used to work for him, “Good afternoon Miss Anders, would you please sit here?” After she obeyed, he asked, “Do you have any plans for Friday?”
“No, I don't think so. Why?”
“Charlie's film The Gold Rush will premiere that evening. How about showing up at Sid’s theater?”
The request baffled Gail to the point that she could not speak.
He explained, “I’m bringing the employees here as plus ones, and because you worked in that film; I would like you to come along. So what do you say?”
Gail had never been to a premiere before. She didn't think she would attend one that soon. She had visited the Egyptian theater before but not as much as the simple movie houses she regularly attended, she gave it a thought before she responded, “As a once-in-a-lifetime opportunity, I’d be happy to accept the invitation.”
On that Friday, she rode in a Rolls-Royce with Sennett, an actress Alice day, and her co-star Maxwell, the thin guy from the recent short. Sterling and Sally accompanied them because Sennett invited them since Sterling had associated with Chaplin. Another factor was that Harry Langdon had already had his own reservation. Gail wasn't happy that Sterling was included but was glad her best friend came along. Gail rented a beaded dress with a chiffon wrap around her shoulders. Her accessories were a gold-colored headband, a black velvet clutch bag, a white boa fan in place of a parasol to ease distraction, and her grandmother's necklace for Gail to feel her spirit during the gay night.
The chauffeur of their ride drove closer to the moving spotlights on Hollywood boulevard and lined up behind several cars. Gail kept checking the mirror above the driver to ensure the makeup wasn’t smudged.
Although she accepted the invitation, Gail had been feeling the butterflies in her stomach for days at the thought of being surrounded by the stars she usually sees on the silver screen and worrying about what they would think of her. She could have changed her mind and made an excuse if it wasn't for her learning from the paper that Buster would be attending. She didn't know that he had come back from Arizona. She didn't get a visit from him nor had any time to visit his studio. Gail didn’t get to let him know that she would be showing up and hoped they’ll meet by chance.
Gail whispered to Sally, who sat behind her, “Please, I cannot be embarrassed. Not tonight. Be remain civil and control him,” she was referring to Sterling.
“No problem I’ll have him on a leash when things get loose,” the blonde joked.
“You promise?” Gail asked with a slight grimace.
“We’ll be good even if it’s the last act of our lives. Don't worry.”
The assurance did help ease her nervousness for a bit.
Names of the guests were heard and grew louder as the vehicle went closer to Grauman’s Egyptian Theater. When they reached the theater, Mack Sennett's name was called upon entry as his attendees stepped out. Despite being nearly blinded by the sudden flashes of the cameras, Gail gathered her courage to smile and wave at the crowd of locals held back by the police.
When the group entered inside, the lobby was full of attendees. Some of them had come up to say hello to Mack. Gail spotted Harold Lloyd, Elinor Glyn, Gloria Swanson, Rudolph Valentino, John Gilbert, and Lew Cody in the crowd. Skimming in the crowds was to no avail when she couldn’t locate Buster.
Her glum turned to astonishment when she saw Douglas Fairbanks and Mary Pickford greeting Mack. Gail wasn't used to seeing them in real life but was also surprised that America's sweetheart would be out and about after learning about a plot to kidnap the starlet nearly a month prior. Alice shook their hands and then Mack turned to Gail to summon her. She obeyed despite her nerves.
Sennett presented her to the couple, “This is another of my actresses, Gail Anders.” The most famous Hollywood couple was dressed to the nines. Pickford wore a sheer pink dress and Fairbank’s white shirt contrasts his tanned face.
“It's been an honor meeting you,” Gail curtsied to them. “And Mary, your hair looks lovely in real life.” Gail remained composed while feeling embarrassed about how she blurted out the part about the hair.
To her relief, Mary gladly appreciated the compliment and responded in a silvery voice, “Why thank you miss.”
Mack added, “She also played in the background of Charlie’s new picture.”
“Do tell,” Douglas said. “Where’s your scene? We like to look out for you.”
“Only the ballroom scenes. Just hoping Mr. Chaplin doesn't edit me out.”
“How long have you worked in movies?” Mary asked.
“A year and a half. I also worked in other films and used to be a bathing beauty. I’m now playing as a love interest in Mr. Sennett’s new short.”
"Your career seems to be progressing well. Keep up the good work.”
Gail widens her grin with joy. “Oh, thank you.” Gail felt better since she hadn’t messed things up for herself. If she didn’t find Buster that wouldn’t matter as the primary purpose was to see herself in Gold Rush and mingle with some stars. Fairbanks and Pickford went straight to the auditorium after ending their conversation.
Then Mack handed the tickets to the usher and the group moved on to the auditorium where they were given an exquisite program. It was like holding a flat storybook. The usher led them to their seats in one of the back rows before the overture played. Gail was in awe looking above the stage. She forgot how wonderful were those authentic decors around it.
“Bloody hell!” The brit cussed upon reading the program, “Ten acts before the flickers!? Is that Grauman bloke trapping us here?”
“Shut it,” Sally clenched her teeth at him. Some of the guests looked behind for a bit.
Mack said, "Now, Sid is well known for staging prologues. You'll enjoy it. They're always magnificent.”
After the overture concluded, a man with short wavy hair, Sid Grauman, stepped on stage. In their view, he was small though they weren't in the far back. Grauman presented a speech about the hard work his friend Charlie endured making the feature and then introduced the prologue.
The curtain opened after he left the stage and music played again to set the mood for the beautiful scenery in the klondikes. The dancers were dressed as Eskimos and the performers were dressed as seals. While her friend and paramour got bored and almost fell asleep as the show went on, Gail didn’t mind the stage performance. Her enjoyment wasn't just because a famous showman staged it, but because it reminded her of the time when she became interested in performing arts as a child. It wasn't Pirates of Penzance however, she was much obliged to be in the audience.
Almost two hours later, there was a short intermission. The audience stood up to stretch their arms. The group disassembled after returning to the lobby. Gail and Maxwell both ordered Coco-Colas to help rejuvenate for a late night. Then He paid for both of their drinks, “Maxwell, this is very kind of you, but we're not dating, just pals,” Gail said to him gently as she could.
He replied, “I know. I wouldn't let a lady buy her drink.”
She had seen Maxwell at work for a while and didn't know him until they were cast opposite each other. He showed chivalry to the opposite sex but it was a wonder he was single. The man had claimed he was married but separated due to irreconcilable differences and going on dates although no one had seen him with a woman.
Gail was sipping the soft drink that just came up when she heard a woman’s voice next to her, “Gail, is that you?”
She turned to see Eliza.
The woman grinned ear to ear, “Hey I’ll be damned, I haven't seen you in a while. How have you been?”
“I was healing from an injury,” Gail answered, “I was in a car crash but, now I got better. It was in the local paper.”
Eliza felt confounded due to her being unaware of her past condition, “Oh, that explains it. What a goof, I seldom read the news.”
“No matter, what are you doing here?”
“Charlie,” Eliza replied. “I have connections, remember? Who brought you here?”
“Mr. Senett,” Gail explained. “He invited me along.”
Gail sensed Sally rejoined them before saying, “Bae, is there someone you'd like to introduce to me?”
Gail turned to the blonde, “Sally, this is Eliza, a background actress I told you about. She turned to Eliza again, “This is Sally, a good friend of mine.”
Eliza shook her hand, “Nice to meet you. I had been acquainted with Mr. Chaplin for some time. Lita Grey was going to play his love interest. But then after he knocked her up, she became Mrs. Chaplin.”
“Yeah, womanizing really caught up to him,” Sally chuckled.
“So Gail, do you still have that sweetheart in New York?”
She responded with a down expression, “Not anymore, I don't want to see him again.”
“And he better not show his face here, or I’ll kick his ass,” Sally said after ordering her drink.
“Look on a bright side, you're free to flirt with your crush,” Eliza winked.
“She found a new guy soon enough.”
Eliza saw Maxwell talking to other guys. “Oh is that him?”
Sally replied, “No, he’s not here. Also, I haven't seen him yet.”
“That’s so mysterious, how else could he be?”
“I’ll explain later,” Gail told Eliza. Then she whispered, “When we're alone.”
The women talked a bit more until it was time for them to return to the auditorium to catch the feature. The group was back in their seats when The Gold Rush finally played. The new film received laughs. Gail enjoyed the part when the Tramp was imagined as a human-sized chicken.
When the dance hall scene came on, Gail whispered to everyone that’s where she was on. She couldn't be worried about being edited out since it was where he met the love interest. It took a bit long for anyone in their group to find her until she pointed at herself with a dance partner. They weren’t vocal about it to avoid disturbing the audience.
Sally, whispered to Gail, “Bae if this flick becomes a big hit, you’ll be the luckiest former bathing beauty I've ever known.”
Gail replied softly, “Thanks, Sal. His films are always successful. This won’t be any different.”
“I didn't know you favored Chaplin.” Alice quietly chirped in.
“He’s alright but he’s not top of my list.” Gail skimmed for every back of the head but Buster was hard to find despite having seen him in person multiple times.
After the film ended, Chaplin came out onto the stage to thank everyone who came by and received a standing ovation.
Soon after, Gail departed from the group to go straight to the women’s room, having held on since the last part of the film. They were staying for a bit while to mingle. She used her time in the stall to think of conversation pieces and then checked the mirror for makeup as she washed her hands. It didn't need touching up. Gail came out of the women’s room to find the crowd more extensive than before due to them waiting for Charlie. She felt ignored aside from glances, and a grin but then she felt a couple of taps on her shoulder.
“Excuse me,” the voice came from a woman. Gail’s face nearly turned pale upon turning her back to see Mabel Normand, “You look familiar. Are you Theda Bara?” She wore a white dress and held onto a train lest someone would trip over it or leave footprints.
Gail replied nervously, “No, don’t you remember me?”
She shook her head, “Have we met before?”
“Yes, we met at a party over a month ago, It’s Gail Anders.”
Mabel was a different person than the last time they had spoken, “I think I was quite intoxicated. Give me a minute,” the has-been was searching for her thoughts. “Was I unpleasant to you?”
Gail explained, “At first yes, then you warmed up to me when I said you're my inspiration.”
“Oh yes, I remembered that. I hope you can forgive me. I was off.”
“There are hard times, I understand.”
“Can you hand me your notebook and a pencil?” When Gail asked why, she replied, “I’d like for us to exchange numbers so we could get together and makeup.”
Gail was speechless. She did take out those items and handed them to Mabel. She scribbled a bit before her expression went disgruntled “God, I can’t remember my fucking number.”
“Don’t worry, I remembered mine,” Gail got them back to her to write down her name and the numbers and tore off the page.
Mabel folded the piece and shoved it under her dress, “Thanks, I hope we run into each other again.”
Gail went across the hall, hoping that Ms. Normand wouldn’t lose her number. Before admitting defeat she finally found Buster talking to the group sans Alice, but Keaton wasn’t alone, he was with Natalie. They both were dressed to the nines. Nervous, She knew it was likely that his wife would accompany him though she wasn't prepared to interact with her.
Sally noticed Gail and pointed to her, “Speak of the devil there she is now!”
With all eyes on her, she forced a smile and greeted with a, “How do you do?” Buster didn't act ecstatic seeing her with a now recovered arm. She also noticed the spouses had their arms linked, like any couple. Thoughts of their possible reconciliation made her stomach uneasy. Gail drove them out with a deduction that it was only for show. Sally and Sterling left the group to mingle with more stars.
“We were just talking about you,” Maxwell said, ushering her next to him and Alice.
She replied confidently, “How nice, what did you mention about me?”
To her dismay, it was Natalie who responded, “Well for starters, your current project for Mr. Sennett. It’s going well, yes?” Gail nodded. "Oh, and I'm sorry to hear about that crash," she added. “There's not a sign of damage on you."
“Well, I healed up quite efficiently,” Gail couldn’t address her as Mrs. Keaton, but rather a simple “Ma'am.” to everyone, she was content, but she was actually petrified to be in front of the woman whose husband she had kissed a few times. Natalie didn't seem to suspect at first but when something slipped out, she would see right through her and Buster.
Only Buster’s words got her out of this state, “Is this your first premiere?”
“Why yes, it was fantastic and I’m lucky to be here.”
“Mr. Fairbanks told us that you were the background actress on Gold Rush.”
“I had been in background roles in other films, I also happened to be in Buster’s feature recently.”
Mack pitched in, “Buster here had requested me to borrow Gail for his upcoming feature before Miss Myers took over. Poor girl.”
It wasn't long before Buster convinced his wife should rejoin her sisters while he had to go out for some air. After Natalie left and Mack went to look for Alice, Keaton asked Maxwell, “How about that autograph for the nice fellow?” while he obliged, Buster stood next to Gail and then discreetly whispered to her to meet him outside. Soon she excused herself from Maxwell to follow Buster. She found him on top of the exterior steps leading to the smoking area near the roof. It was so discreet that not a passerby would even find him and Gail
Buster put out a cigarette before he looked at her. Without any passion, he said, “You look great.”
She appreciated the comment, she asked him, “What happened with Go West? Is the production finished?”
He began puffing the cigarette he had just lit, “It’s still ongoing but we had to pause because the cow, Brown Eyes, wasn’t feeling herself. She’ll recover, but there’s something important I had to ask you; Who’s Michael?”
“Huh”
“Your lady friend mentioned that you’re seeing a guy named Michael Willams when Nate was asking about you. Who’s he?”
“You,” Buster widened his eyes at her response. “Sally suspected I have a sweetheart and I came up with a name to hide our secret.” a contrite expression landed on the stone face. “You don’t think I found another man soon after you left town and while rehabilitating my arm?”
His tone became apologetic, “Christ, I’m sorry. I might be a bit jealous or afraid of being replaced.”
“I felt the same when I saw you with your wife.” the couple went silent for a bit. “You should've called when you got back.”
“I know, I’m planning on coming over tomorrow. I didn't expect to see you tonight until Mary Pickford told me you’re here.”
Gail didn't forget that Buster once mentioned in New York that he loved Natalie. She wondered if it was true or not. She didn't have the heart to bring up that subject.
“I reckon you were thrilled meeting the king of Hollywood and his queen?” Buster asked.
“I was nervous, but I was able to impress them, and Mabel Normand got my number.”
Buster gave a slight grin, “You are quite lucky”
“I think I had been despite the setbacks.” There were hardly any visible stars in the sky due to the spotlights. But it didn't matter because the only star Gail would stare at was Buster.
Having puffed a few times, Buster decided to put out his cigarette to run his arms around her. Gail hugged him back for the first time without any plaster to get in the way. Gail missed the scent of his cologne and wished she could embrace him forever. “If you're still concerned about Nate and me, nothing has changed. We're still at arm’s length. Also, I missed you at the set. If it wasn't for the accident, I'd convince everyone you make a better leading lady.”
Gail exited the huddle but her hand held his, “Buster, I told you I didn't care if I was your leading lady. I only want you.” then the words of Eliza Smith echoed in her head, True, but then where is the fun? She asked him, “How long until you return?”
“For the weekend, I had to take a train. It’s quicker to get here and back than by vehicle.”
“You can still come over if you want and take me to bed.” Her eyes grew sultry, “Should I say more?”
Buster was surprised, “Are you serious?”
“I have never been so sure in my life.”
“Then I’ll see you tomorrow.”
Gail kissed him, not caring about the scent of the tobacco. She led herself inside and started to look for her comrades while taking in the joy of recent events.
Yep the next chapter will be spicy!!! hope you enjoyed reading this as much you enjoyed the holidays! also have a happy new year!
7 notes
·
View notes
It all started with a mouse
For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:
https://web.law.duke.edu/cspd/publicdomainday/2019/
No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:
https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada
But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.
The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.
But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.
Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:
https://web.law.duke.edu/cspd/mickey/
Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.
Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.
Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.
As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.
Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.
Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.
Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.
Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":
https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf
This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.
So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.
Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.
But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.
But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.
Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?
Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:
[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.
This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:
[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.
Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.
But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.
Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:
This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.
https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom
Here's the Ninth Circuit again:
When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.
Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:
https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf
And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:
https://en.wikipedia.org/wiki/Rogers_v._Grimaldi
What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.
Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.
As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.
Public domain day is 17 days away. Creators of all kinds: start your engines!
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey
Image:
Doo Lee (modified)
https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg
CC BY 4.0
https://creativecommons.org/licenses/by/4.0/deed.en
6K notes
·
View notes
Masterpost of Hot Old Man Round 1 Polls
Paul Newman v Richard Burton
Omar Sharif v Tony Curtis
Red Skelton v Burt Lancaster
Christopher Plummer v Keir Dullea
Anthony Perkins vJack Lemmon
Kirk Douglas v Alain Delon
James Dean v Marcello Mastroianni
Harry Belafonte v Jean-Pierre Cassel
Marlon Brando v Robert Wagner
Sammy Davis Jr. v James Garner
James Coburn v Rock Hudson
Peter Cushing v Rex Harrison
George Chakiris v Sidney Poitier
Dean Martin v Sean Connery v Jeremy Brett
Tab Hunter v Toshiro Mifune
Howard Keel v Peter O'Toole
Robert Redford v James Mason
Steve McQueen v Charlton Heston
Dick Van Dyke v George Peppard
Elvis Presley v Peter Falk
Oscar Micheaux v Rudolph Valentino
Joseph Schildkraut v Buster Keaton
Jimmy Stewart v Ray Milland
Cary Grant v Claude Rains
John Wayne v Errol Flynn
Clint Eastwood v William Holden
Douglas Fairbanks Sr. v Sessue Hayakawa
Carman Newsome v Harold Lloyd
Noble Johnson v Charlie Chaplin
John Gilbert v Conrad Veidt
Ramon Novarro v Robert Earl Jones
Slim Thompson v Gary Cooper
John Barrymore v Paul Robeson
Edward G. Robinson v Clark Gable
Humphrey Bogart v William Powell
Leslie Howard v Ronald Colman
Peter Lawford v Vincent Price
Harold Nicholas v Mel Ferrer
Joseph Cotten v Danny Kaye
John Carradine v Keye Luke
Ivan Mosjoukine v Gilbert Roland
Benson Fong v Spencer Tracy
Guy Madison v Felix Bressart
James Shigeta v Ronald Reagan
Montgomery Clift v Ricardo Montalbon
Peter Lorre v Frank Sinatra
Bob Hope v Gregory Peck
Fred Astaire v Paul Muni
Bela Lugosi v Cornel Wilde
Cesar Romero v John Garfield
Basil Rathbone v Cantinflas
Henry Fonda v Turhan Bey
Boris Karloff v Robert Mitchum
David Niven v Van Johnson
Gene Kelly v José Ferrer
Robert Preston v Tyrone Power
Jack Benny v Donald O'Connor
Fredric March v Lex Barker
Michael Redgrave v Gene Autry
James Edwards v Alec Guinness
Fayard Nicholas v Fernando Lamas
Ray Bolger v Johnny Weismuller
Orson Welles v Sabu Dastigir
Mickey Rooney v Laurence Olivier
Rex Ingram v Glenn Ford
Bing Crosby v James Cagney
@hotvintagepoll
381 notes
·
View notes