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Whose mouse is it anyway?

Disney disputes a former worker's claim that a trademark goof means an early incarnation of Mickey is public property.

COLUMN ONE

August 22, 2008|Joseph Menn, Times Staff Writer

In the 1930s, Salten's rights were assigned to Disney, which made the famous 1942 movie. When Salten's heirs renewed the copyright in 1954, they correctly listed 1926 as the year of Bambi's first copyright.

But in a 1994 dispute over royalties with a small publisher that had acquired the Salten family's rights, Disney lawyers said the 1954 copyright was void because it was filed three years too late -- based on the fact that the story was first published in 1923. A federal judge sided with Disney, ruling Bambi was in the public domain.


For The Record
Los Angeles Times Saturday, August 23, 2008 Home Edition Main News Part A Page 2 National Desk 1 inches; 59 words Type of Material: Correction
Mickey Mouse: The headline for Friday's Column One on a copyright controversy over Mickey Mouse referred to a claimed "trademark" goof. In fact, it should have said "copyright" goof. Also, the article and a graphic caption transposed the name of the company that recorded the "Steamboat Willie" cartoon. It should have said Powers Cinephone System, not Cinephone Powers System.


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Though that finding was reversed on appeal, the legal ordeal bankrupted the publisher.

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Today, Brown still lives off disability payments. His appeal was dismissed when he missed a filing deadline. Disney then seized $20,000 from his accounts, which Brown says was all he had.

The former Disney devotee has soured on the company. But he continues to be charmed by the genius behind Mickey Mouse.

"If Walt Disney had lived another 20 years, the world today would be a much better place," Brown said. "I don't know anyone else I could say that about, except maybe Bobby Kennedy."

Hedenkamp, after writing his law review article, never heard from Disney again. Now 32, he works at an Irvine firm handling commercial law.

He describes himself as a "huge fan" of Disney. He also says that because Disney has taken advantage of so many characters created by others, it is only fair that artists get to borrow from Disney.

"Other people should get to put their spin on those old characters," Hedenkamp said.

Roy Disney said he had never heard the theory about problems with the title cards. Nor was he surprised.

During those early years, he said, "Nobody knew what they were doing."

Meisinger, the former general counsel, is now a Los Angeles County judge. Asked about the Hedenkamp article in an interview in his chambers, Meisinger gave an instant nod of recognition but ignored an invitation to take up the argument again.

"Everything has to fall into the public domain sometime," he said, then headed back to court.

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joseph.menn@latimes.com

Times researcher Scott Wilson contributed to this report.

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