I can scan and change and print and sell images of the Mona Lisa without worry of being sued by anyone because the image of the Mona Lisa is in the public domain. Apparently, re-purposing iconic Mickey Mouse for any reason would land me in jail and/or cost me thousands if not millions of dollars.

For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works which copy or mimic Disney’s particular anthropomorphic mouse, but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be deemed imitative of the original.

Why is Mickey more valuable than Mona? I guess he just has the better lawyer.

Copyright in Business
As an graphic artist, I understand the need for copyright. I contract photographers, painters, and writers for their work before I can use any of it in my own finished work. I purchase the rights for a given length of time (one time use or a calendar year) or in the way I use it (brochure and a poster). Since these professionals make their living by creating these pieces, I have no issue with paying them the requisite fees and or adhering to their limits of use.

Public Domain
Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes.

In the electronic age, it’s become harder for copyright holders to “control” duplication and distribution of their intellectual property. In fact, some creative folks actually “dare” the corporations by sampling, or hugging close to original pieces to make a point about owning creative ideas.

For this I use the original Mac vs PC commercials.

I think they’re great… but it’s even more fun to see them spoofed. Is this considered a copyright infringement?

Then, to see the spoof of a spoof brings the whole idea of copyright full circle.

Imitation is the highest form of flattery.

This image is ineligible for copyright and therefore in the public domain, because it consists entirely of information that is common property and contains no original authorship.