...it seems to be that Disney should be able to have exclusive ownership over Mickey the character...
I have to disagree with this on cultural grounds. Part of the reason that copyright expires is to fertilize the ground from which new stories are grown. Shakespeare does not own Romeo. Dickens does not own Scrooge. To the extent that Mickey has become a part of our cultural mythos, Disney should not own Mickey.
The only reasonable expectation a creator should have after a reasonably short copyright term is protection from malicious misattribution and defamation. Everything else in the last century of IP law is implemented completely wrong, in my opinion.
I have to disagree with this on cultural grounds. Part of the reason that copyright expires is to fertilize the ground from which new stories are grown. Shakespeare does not own Romeo. Dickens does not own Scrooge. To the extent that Mickey has become a part of our cultural mythos, Disney should not own Mickey.
The only reasonable expectation a creator should have after a reasonably short copyright term is protection from malicious misattribution and defamation. Everything else in the last century of IP law is implemented completely wrong, in my opinion.