#justin douglas
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VULFPECK /// Simple Step
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#vulfpeck#antwaun stanley#theo katzman#woody goss#corey wong#joe dart#joey dosik#jack stratton#justin douglas#nick nagurka#mike shea#music#radio#vulf#Youtube#ohshootradio
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I don’t want to sleep alone - Preference-Set A
Warnings; Mentions of anxiety and past trauma, typical canon violence. Requests are open! Guidlines are pinned at the top of my page A/N; Part two will be up in a few days! So if you don't see your favourite character here, they might be in Part 2 Credit to @cafekitsune for the divider and banner
Rick Grimes; The two of you nearly died after an encounter with the Saviours. Both of you are dragging your feet, both physically and mentally exhausted. When you turn to head towards your bed for the night, Rick stops you. He te;;s you he nearly lost you today and he doesn't want to sleep without you. Taking hold of his hand, you ask him which bedroom. He leads you toward his room because in Rick's opinion, your bed is like sleeping on concrete.
Abraham Ford; Ever since the two of you started getting serious, Abraham began to fear losing you. It comes from losing his wife and children. One thing is for certain he refuses to let that happen. This leads to Abraham asking you if you want to stay the night or insisting you two sleep close to each other for safety. Abraham wants to hold you close to reaffirm your there. It does begin to ease his anxiety when you agree.
Shane Walsh; It's you who tells Shane you don't want to sleep without him. The new world is ferocious, unpredictable, and deadly. Shane has adapted to the new world quickly, without question. So it makes sense for the two of you to share a space. Shane accepts because he doesn't like the idea of you being so far away from him when anything could happen.
Father Gabriel Stokes; Before the dead rose, Gabriel couldn't imagine sleeping with anyone whom he hadn't married. It was a sin in his eyes. The realization death is around the corner for anyone forces Gabriel to realise he doesn't want to miss out on these experiences with you. Gabriel eventually picks up the courage and expresses his feelings, you made sure he's adamant before agreeing.
Merle Dixon; Merle doesn't want to sleep without you. For a couple of reasons; one he doesn't like waking up alone. He wants to wake up with your bodies pressed together. Secondly, if Merle was being completely honest with himself, he doesn't trust anyone in Woodbury, There's no way in hell someone's going to hurt you while he's around. He'd gladly die trying to protect you.
Luke; Luke doesn't want to sleep without you. He feels like it's the next natural stage within your relationship. Living together, sharing a bed etc. Luke is grateful the two of you have found each other. It's only natural he wants to progress your relationship as normal as possible. For Luke, sharing a bed feels like the next step.
Siddiq; Siddiq is shaken from his encounter with the Whisperers. He's never been more terrified of dying before. He's struggling to adapt back to real life, constantly dealing with nightmares When you make the suggestion, Siddiq agrees. He'd thought he'd never see you again. He considers your warm embrace will help him sleep through the night again
Eugene Porter; Eugene is taken aback when you tell him you don't to sleep without him. He can't fathom why you would want to share a bed with him. His reaction is adamant, of course, he does. The entire interaction is awkward, soft and endearing as you both decide who's bed to share.
Benjamin; Benjamin never expected to fall in love. Never expected to find someone in the apocalypse, but he has. He's lying in bed one night, tossing and turning, struggling to sleep. His feet instinctively head him in the direction of your room. When he knocks, you are half asleep. He blurts out he doesn't want to sleep alone. You reply by opening the door wider and allowing him in
Beta; Beta insists you don't sleep alone. Living outside with the Whisperers is dangerous, there's danger at every turn. Beta hasn't cared in the past. When you two get together. things change. Suddenly, he's scared to lose someone. There is someone in his life that he wants to protect. So he insists you two sleep side by side.
Theodore "T-Dog" Douglas; When everyone's sorting out sleeping accommodations in the prison. You surprise him when you tell him you don't want to sleep alone. T-Dog immediately goes in search of a comfortable place for you to sleep. It's nice at the end of the end of the day, to know he's going to fall asleep with you in his arms.
Alden; You and Alden are sitting together reading, your eyes drooping, struggling to stay awake. Alden makes the suggestion you go to bed. However, you refuse telling Alden you don't want to sleep without him. Alden smiles, he truly adores it when you're sleepy and completely honest. Alden replies with you don't have to. Alden leads you up to his room.
Justin; Justin doesn't want to sleep without you through jealousy. He doesn't like the way Daryl's been staring at you. He wants to remind everyone, especially Daryl who you come back to after your day has finished. Who keeps you warm on those cold nights
Noah; Things are always tense in the hospital. There's always some politics going around. Noah's favourite part of the hospital is you. You two are hanging out, when Noah brings it up. He doesn't want to sleep alone, because its time he could have spent with you. The sentiment is sweet and when you agree, Noah asks you which side you prefer.
Jerry; You come to Jerry in the middle of the night, tears running down your face, pain-stricken. Immediately Jerry opens up his arms, embracing you. Jerry sets into consoling you. The world is harsh and cruel and even the strongest people break. When you tell Jerry, you don't want to sleep without him, he tells you you don't have to because he's right here.
Axel; Axel struggles to get accustomed to the harsh reality of the world. You are the best thing to come out of it. Companionship, patience, love. So when you come into his cell asking to sleep with him, he scoots to the side, pulling back the blanket. He tells you, you don't have to ask. He'll protect you from the nightmares.
Gareth; Axel struggles to get accustomed to the harsh reality of the world. You are the best thing to come out of it. Companionship, patience, love. So when you come into his cell asking to sleep with him, he scoots to the side, pulling back the blanket. He tells you, you don't have to ask. He'll protect you from the nightmares.
Micheal Mercer; Micheal is always busy. He takes the job seriously because it's important. However, sometimes he can feel like he's not spending enough time with you. It's why one night, he decides to ask you, to stay. He tells you, he doesn't want to go to bed alone anymore. Not when he can fall and wake up to something beautiful
Negan; Negan smirks when you tell him you don't want to sleep alone. He's been waiting for you to come to him. He didn't want to put any pressure on you, but he's been wanting to share a bed with you for a while. In Negan's mind, it's another way to be close to you. An excuse to feel your body against his.
#The Walking Dead imagine#The Walking Dead imagines#The Walking Dead one shot#The Walking Dead oneshot#Rick Grimes imagines#Rick Grimes imagine#Abraham Ford imagine#Abraham Ford imagines#Shane Walsh imagine#Shane Walsh imagines#Father Gabriel stokes imagine#Father Gabriel imagines#Merle Dixon imagine#Merle Dixon imagines#Luke twd imagines#Luke twd imagine#Siddiq imagines#Siddiq imagine#Eugene Porter imagines#Eugene Porter imagine#Benjamin twd imagines#Benjamin twd imagine#Beta twd imagines#Beta twd imagine#Theodore “T-Dog” Douglas imagine#Theodore “T-Dog” Douglas imagines#Alden imagines#Alden imagine#Justin twd imagines#Justin twd imagine
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Just watched illinoise for the first time. Feel sick. Might throw up. About to do my math hw. Yay (pure agony)
#illinoise#illinoise musical#shelby illinoise#carl illinoise#henry illinoise#douglas illinoise#ben cook#gaby diaz#justin peck
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Mathew Baynton with Justin Johnson and the BBC Ghosts cast at BFI Southbank's BBC Ghosts Christmas Special 2022 Preview and Q&A
#mathew baynton#mat baynton#bfi#bfi southbank#bbc ghosts#bbc ghosts christmas special#justin johnson#lolly adefope#jim howick#charlotte ritchie#kiell smith-bynoe#kiell smith bynoe#laurence rickard#larry rickard#ben willbond#martha howe-douglas#martha howe douglas#6 idiots#six idiots#the six idiots#themthere#them there
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Ok, so in Season 4, Episode 1, "Founder's Day," Jack, Allison, Jo, Fargo, and Henry All travel to April 15th, 1947. When they get back to 2010, things aren't the way they left it.
In the Discovery In Eureka AU 4x01, the people who travel back will be Jack, Allison, Jo, Fargo, Henry, Adira, Gray, Paul, and Hugh. Maybe another character, too. If I had to add another one, it would be Micheal or Book. (First Micheal mention in Discovery In Eureka AU on tumblr!)
But when everyone gets back home, things aren't the same. While I was planning on leaving the space family's lives the same, that won't be happening anymore.
Also, if @ajtal is ok with me doing this as this will be slightly based on his fic (which is very good), "Wind Chime" (Registered ao3 users only) But it will be a different direction then what was in the fic. [I found when I first mentioned this thought, and it was on October 16th to Clover]
Justin comes back to life. It's not like he was resurrected after they got back. He never died. Although in this AU, he knows he died. When he sees Paul and Hugh and he is just freaking out. Then he sees Adira and Gray and goes what the fuck is that???
Justin: Paul! You would not believe me, but I have died! And I am back. I don’t know how. What happened???
Paul: *Just in shock* Uhhh. We messed with time. BUT not on purpose! We didn’t even know how you are here.
Justin: *Looks behind Paul* *Sees Adira and Gray* What the FUCK is that!???!
Paul: Maybe you should sit down for all of this.
Justin: What year is it? *Eyes are watering a bit* What year is it, Paul?
Paul: *Whispering* It's 2010.
Justin: What year is it???
Paul: It's 2010
Justin: It's 2010. I have been dead for about 10 years. It's been a decade. *Having a complete breakdown at this point*
Paul: You should really sit down so we can explain.
#Discovery In Eureka AU#Just Another Day In Eureka AU#Discovery In Eureka - Season 4 Episode 1#Adira (DISIEU) Tal#Gray (DISIEU) Tal#Paul (DISIEU) Stamets#Hugh (DISIEU) Culber#Justin (DISIEU) Straal#Michael (DISIEU) Burnham#Cleveland (DISIEU) Booker#Jack (DISIEU) Carter#Allison (DISIEU) Blake#Jo (DISIEU) Lupo#Douglas (DISIEU) Fargo#Henry (DISIEU) Deacon
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Books Read in July 2023
This month was crazy. I can't believe I read 8 books. True they were also shorties but I started 2 really huge books as well and made headway into them. WTF.
The House of Skin by Karina Lickorish Quinn
This is a really short novella (about 60 pages) that is a haunting gothic piece. A London artist is adopted by this family of patrons who bring her to their mansion to work. More of a mood vibe than anything. Really liked it.
I Am A Strange Loop by Douglas Hofstadter
This was Hofstadter making a stab at human consciousness and trying to explain what makes humans different from machines. I'm not sure it works fully but the ideas are interesting. The first third has a lot of math explanations I found confusing tbh so that was a bit of a slog to get through but I enjoyed it overall.
My Stupid Intentions by Bernardo Zannoni
Something about books about anthropomorphic animals just get me every time. This is about the exceptional life of a beech marten and is just absolutely soul crushing and beautiful. Pitch perfect, loved it.
Once There Were Wolves by Charlotte McConaghy
This was recommended to me by someone as the best book they read all year and, while I liked it while I was reading it, upon reflection it really falls apart and I hated it.
Part of it is about the rewilding of wolves in Scotland and part of it is a murder mystery following the lead character, a twin, and her sister who was abused so thoroughly she stopped talking. I found the abuse narrative like... shockingly dumb. I mentioned this on a book discussion forum I frequent and they mentioned lots of other books about the Scottish rewilding so I'm excited for that!
Fruit by Brian Francis
So I first heard of this when it came out around 2004 and it sounded interesting but it took me this long to read it! 19 years till I carved out time for this book during which it's become something of a modern Canadian classic.
This is about a little 8th grader in Sarnia who is fat and is struggling with his friendship and sexuality. Just pitch perfect and funny and heartbreaking. Hard recommend.
Bluebeard's Castle by Anna Biller
I got this as an ARC. I like Biller as a filmmaker and I was wondering how her unique style would work as a novel since her dialogue is so weird.
Oddly as it turned out. I feel like a lot of people are either going to hate this or not get it but while it's a very modern book her style of outright stating themes and blaring plot in neon lights is very reminiscent of early gothic works. Like 1700s gothic morality stuff. By the end I was won over by this so worth a shot imo.
Promise by Christi Nogle
Black Mirror-esque stories of worlds set in the near future. Like all short story collections this was mixed but there was plenty to enjoy and it left a favourable impression overall.
Blackouts by Justin Torres
I can't even explain this book except to say it's pretty brilliant. Even though I read an ARC of this I think I'm going to buy it.
It's fictionalized history and reminded me a bit of Autobiography of X even though it's about real people. I loved it though. Highly recommend.
#The House of Skin#Karina Lickorish Quinn#I Am A Strange Loop#Douglas Hofstadter#My Stupid Intentions#Bernardo Zannoni#Fruit#Brian Francis#Bluebeard's Castle#Anna Biller#Promise#Christi Nogle#Blackouts#Justin Torres#currently reading
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“One of Our Greatest Singer-songwriters:” Gordon Lightfoot Dead at 84
Gordon Lightfoot, the Canadian troubadour who found massive chart success both at home and south of the boarder while earning the respect of his contemporaries, has died, his management said.
“It is with profound sadness that we confirm that Gordon Meredith Lightfoot has passed away,” it read.
Lightfoot, 84, died May 1 of natural causes at a Toronto hospital, the statement said. The hard-touring musician had recently cleared his 2023 concert calendar citing health issues.
“The world is a lesser place without him,” Bryan Adams said on social media. “I know I speak for all Canadians when I say: ‘Thank you for the songs, Gordon Lightfoot. Bless your sweet, songwriting heart.’”
Lightfoot was “one of our greatest singer-songwriters,” Canadian Prime Minister Justin Trudeau said in a statement.
“Gordon Lightfoot captured our country’s spirit in his music – and in doing so, he helped shape Canada’s soundscape,” Trudeau said. “May his music continue to inspire future generations and may his legacy live on forever.”
That soundscape might be best defined by the CBC-commissioned “Canadian Railroad Trilogy” from 1967. In releasing 20 albums between 1966’s Lightfoot and 2020’s Solo, Lightfoot heard his songs recorded by everyone from the Kingston Trio to Bob Dylan to Watkins Family Hour.
Lightfoot’s death elicited reactions from across generations and genres on social media. Among them: “What great music he gave us” (Foghat); “Brilliant” (Michael Feinstein); “You made the world a better place” (Jerry Douglas); “An amazing writer; an amazing singer” (Joe Newberry); “The Mark Twain of folk music” (Michael Des Barres); “Gordon really had the gift” (Jason Isbell); “Rest in peace” (Brian Wilson).
“We’ll never stop singing your songs,” Choir! Choir! Choir! said in a statement.
Among the best-known of those songs are “Early Morning Rain,” “If You Could Read My Mind, “Sundown,” “Carefree Highway,” “Rainy Day People” and “The Wreck of the Edmund Fitzgerald.”
In eulogizing the “Canadian treasure,” Steve Poltz recalled how Lightfoot would voluntarily play “soul-crushing,”“tweener” sets at Canadian festivals, leaving the spotlight to younger musicians.
“Gordon Lightfoot was a gift to the world,” Poltz said. “We were lucky he left us such a treasure trove of beautiful songs. Godspeed, you beautiful troubadour.”
5/2/23
#gordon lightfoot#justin trudeau#bryan adams#the kingston trio#bob dylan#watkins family hour#choir! choir! choir!#steve poltz#brian wilson#the beach boys#foghat#jerry douglas#alison krauss and union station#joe newberry#michael des barres#michael feinstein#jason isbell
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Incorrect Quotes
Douglas: Who the fuck added me to a fucking group chat? Rosette/Amanda: >:O language Edward/Edith: Yeah watch your fucking language Marianna: OKAY WHO TAUGHT MY SIBLING THE FUCK WORD? Juste/Justine: 'The fuck word'. MC: Are you stupid? You guys use the f word all the time Rosette/Amanda: Oh my god they censored it Royce: Say fuck, MC. Rosette/Amanda: Do it, MC. Say fuck.
#belrose curse- if#ros#mc#douglas york#rosette york#amanda lark#edward lanshire#edith lanshire#e lanshire#marianna lanshire#juste beaufort#justine beaufort#j beaufort#royce york
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i've known about the hailey bieber, selena gomez, jenner ppl drama against my will (tiktok) but it did teach me that hailee steinfeld, hailey bieber and madison beer are not, in fact, the same person
#listen#i wish i could explain it also#i had been thinking like 'o look isnt this new marvel girl that one that ppl criticized on insta for being around justin bieber or sth?'#and ig technically thats true but who i was thinking of was madison beer#and none of the ones were the person he married so ig i didnt actually know who hailey bieber was after all#but it does seem to happen a lot#i confuse a lot of ppl. its not because they look alike idk what happens jkldf#i used to confuse michael douglas and anthony hopkins#amy adams and jessica chatstain were the same person#i used to think blade runner and blade the vampire hunter were the same movie#m.
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This scene lives rent free in my head. This is one of the most "Betelgeuse" things Betelgeuse did all movie. Ya know what I mean?
Beetlejuice Beetlejuice (2024): Phone Popups Clip
So I uuhhh seen a post about this scene (will reblog) that looked like it could use some HD footage for, uhm, RESEARCH.
HERE'S THE GIFs OF IT AS WELL:
AND A COUPLE SCREENIES TOO WHY NOT:
乁( ◔ ౪◔)ㄏ Happy Beetlebabbing <3
#beetlejuice beetlejuice#beetlejuice spoilers#beetlejuice 2#beetlejuice sequel#beetlejuice 2024#beetlebabes#betelgeuse#beetlejuice#lydia deetz#beetlejuice memes#beetlejuice movie#beetlelyds#rory beetlejuice#winona ryder#keatlejuice#michael keaton douglas#michael keaton#justin theroux
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Twintig jaar geleden: "The worst week of my life"
The Worst Week of My Life is een Britse sitcom, voor het eerst uitgezonden op BBC One tussen maart en april 2004. Een tweede serie werd uitgezonden tussen november en december 2005 en een driedelige kerstspecial, The Worst Christmas of My Life, werd uitgezonden in december 2006. Het werd geschreven door Mark Bussell en Justin Sbresni en is mijns inziens de beste slapstick-comedy ooit. Continue…
#Alison Steadman#Ben Miller#Georffrey Whitehead#Hazel Douglas#John Benfield#Justin Sbresni#Mark Bussell#Paul Brooke#Raquel Cassidy#Sarah Alexander#Sian Thomas
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Lyric CRAVITY - Mr.
Album: EVERSHINEReleased date: 2024.2.26Lyrics by Exy, Sohlhee, Serim, AllenComposed by Ryan Jhun, Nathan Cunningham, Marc Raymond Ernest Sibley, Ryan Curtis, Justin Douglas StarlingArranged by Ryan Jhun, Space Primates Korean Hangul We on itI tell em like thisWoahOk잘 봐, 위대해 Like Gatsby먼 길을 돌아 arrive제쳐, 지나갔지 nineteenLet’s roll the dice (Right)날카로워진 attitude날 찾았어 Look at the truth달라 보여 Head to…
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#Exy#Justin Douglas Starling#Marc Raymond Ernest Sibley#Nathan Cunningham#Ryan Curtis#Ryan Jhun#Serim#Sohlhee
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Mathew Baynton with Justin Johnston and the BBC Ghosts cast at BFI Southbank’s BBC Ghosts Christmas Special 2022 Preview and Q&A
#mathew baynton#mat baynton#bfi#bfi southbank#bbc ghosts#bbc ghosts christmas special#justin johnson#lolly adefope#martha howe-douglas#martha howe douglas#jim howick#laurence rickard#larry rickard#charlotte ritchie#kiell smith-bynoe#kiell smith bynoe#ben willbond#6 idiots#six idiots#the six idiots#themthere#them there
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Shane Douglas vs Justin Credible - 1999
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youtube
#Cognitive Typology#Vultology#Proactive#Fluid#Measured#Grounded#ESTP#Usain Bolt#Graham Mertz#Kylian Mbappé#Lil Baby#Chance the Rapper#Kendji Girac#Justin Bieber#Beyoncé#Auburn#Gabby Douglas#Camila Cabello#Youtube
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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
#pluralistic#copyfight#scotus#mickey mouse#public domain#ip#contract#trademark#tm#jennifer jenkins#copyright#disney#nominative use
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