#mermaid mischief

[alettertothesea]

A Breath in Froth

Hinata kept hearing a voice. He couldn’t say when the latter started ringing in his ears. In his mind. But it was always there, like a looming headache at the back of his skull. Or like the pulsing of his blood at his temples. He woke up with this melody faintly echoing in the limbo of his sleep or dreams. He ate his meals thinking of this chant, the notes and quarter rests giving rhythm to the way he was swallowing or chewing the food. He fell asleep with this lullaby being hummed to him.

Strangely enough, this voice was getting louder and louder every time he was by the shore. When he was playing beach volleyball. He easily got distracted by it. Right in the middle of a game, he couldn’t help but glance at the vast ocean. He couldn’t stop the burning sun from blinding him as the song invaded his mind. The latter pleaded with him to come closer, to walk to it, to dive in the depth of the great blue expanse. As soon as Hinata snapped out of this “trance”, it always seemed like he spent his day daydreaming. 

Hinata was even more scared of this voice when he was wandering around the city. Always leaving the apartment with some kind of schedule. But his feet ended up leading him somewhere he didn’t know. To a place he’s never been before. To an unknown environment that made his heart beat so fast that he could see lurking silhouettes in the shadows, ready to attack him if he dared to move. Those events always made him wonder if he became a sleepwalker overnight. Or worse, sometimes he even thought that he had been put under a spell, being the puppet of an evil sorcerer.

Another night, another delivery. His feet pushing on the pedals of his bike, Hinata was riding as fast as he could in the neighborhood. But as he was racing down the street, he braked abruptly, stopping dead in front of the window of a bar. And he heard it again. Weakly. Loudly. Cheerfully. Smugly. Hummed. Screamed. Whispered. Scared. Determined. The voice was once again numbing his ears, clouding his mind, mingling with his thoughts. And if before today he couldn’t understand what it was uttering, now he was sure of the word it stammered, muttered, said.

On the TV screen, the image of a black-haired boy was being displayed. He was wearing a jersey. The national team one. Red and White. A little flag of the country he was from printed on the front, on the left, right above the heart. Seeing the image, Hinata’s throat tightened. His body began to shake. His heart squeezed, the pain spreading throughout his whole being. And when Kageyama Tobio opened his mouth, the ultrasonic melody, the chant being sung from under the dark waters of the seas or at the top of a rock in the middle of its fury, called out to him.

Hinata Shouyou.

As if he was standing by the water, the waves gently licking his toes, this bewitching melody seduced him. It told him to come to it, to save it, to embrace it. As magical and surreal this moment was, a single drop of salty water formed at the corner of his right eye. It suddenly landed on his cheek as he fluttered his eyelashes.Then it rolled slowly down his face. The mark it left on his skin reflected that of the sweat of his best friend, rival, partner beyond that wall of glass.

[a-clown-with-wings]

Fine. Here selenophiles. Here is your rock fish.

Shar p

Ahrkg

Sharm

Shark!

[sketchsketchdraw]

I love this so much. It's my witch mermaid Alexandria. I worked pretty hard on this. I really love how it turned out. What do you think?!

[ofasgardandalfheim]

Loki & The Siren; Chapter Thirteen

The sons of Odin don't know when to keep their mouths shut.

Fic Synopsis:

This is the story about how you met and fell in love with Loki, hundreds of years before the events in Avengers, while his family was visiting Alfheim, where you were a siren.

It is a companion piece to Lightning Over the Sea-Redux to give more insight into your past and relationship with Loki.

18+ only

The heavy wooden doors groan as Thor pushes them open, the thrill of your recent encounter still coursing through his veins. A broad grin stretches across his face, eyes alight with an almost childlike joy.

As he approaches the Warriors Three's table, the sights and sounds of the bustling tavern envelop him. Flickering firelight casts dancing shadows along the rough-hewn walls. The scent of roasting meat and ale fills his nostrils, mingling with the clink of mugs and the din of patrons' chatter.

The familiar faces of his friends turn toward him, surprise quickly giving way to knowing looks and raised eyebrows.

"Thor, what has you in such a jolly mood?" Volstagg's voice rumbles across the hall, his eye glinting with mirth.

Thor's grin widens. "Ah, my friends, I have just had the most incredible time."

Fandral leans forward, eyebrows dancing suggestively. "And what kind of time might that be?"

A hearty chuckle bursts from Thor. "The kind that leaves a man feeling like a god. But that is all I shall say on the matter." He shoots them a conspiratorial wink.

An unspoken exchange passes between the warriors, laden with camaraderie and unvoiced tales. Their mugs clink together in a salute.

"To Thor and his mysterious conquest," Hogun says, a rare grin splitting his stoic features.

"To life and all its pleasures!" Thor joins the toast with gusto before downing his ale in one hearty swallow, washing away any lingering worry.

Sif strides into the room, her presence slicing through the revelry like a knife through silk. Her frown speaks volumes, prompting Thor to offer a greeting, but it falls flat as Sif directs her intense gaze towards Fandral.

Leaning in close, Sif whispers urgently, "Be cautious with Una. Loki's threats are not idle chatter if he finds out."

Fandral blinks rapidly, unable to contain his eagerness. "Wait, what did she do?"

Exasperation seeps into Sif's hushed tones. "Don't pretend you're unaware. Una confessed when I caught her sneaking into the gardens through the secret entrance."

Fandral presses on, scanning Sif's expression. "And did she specifically say she was with me? Or did she imply it to cover her tracks?"

After a momentary pause, Sif concedes reluctantly, "Perhaps you are right." She mutters about faeries' deceitful nature, taking deep swigs of ale.

Meanwhile, anxiety claws at Thor's insides as thoughts race faster than Sleipnir on open terrain. His hand reaches reflexively for another gulp of ale, but his subtlety doesn't escape Sif's observant gaze as she fixates upon something blue amongst his golden locks.

"What is that in your hair, Thor?" Suspicion laces each word.

His fingers encounter soft, damning petals as realization dawns brightly around him. "I-I don't know," he stammers, doing little to convince those who know him better than most. "It must have just fallen in there."

Sif's brow raises in suspicion. "What's going on, Thor?"

Read on Ao3

[daryascurse]

hello my beloved siren 🌊🧜🏼‍♀️ i was hoping you’d pair me up with a aot merman consort pretty please (obviously had to go with aot for our friendship) your theme is wonderful 🫧

Ahh yes yes then of course, Jazz, you know who your consort shall be 😏.. Dive deep below northern waters, and you will find your prince Erwin awaiting you. The channels entering the Caspian Sea flow furiously into your underwater palace built of iron and gold beneath the surging waves. You rise to the surface to survey your kingdom, where he regales you with stories and local legend worshiping your mythological beauty and might; swim below to your thrones and he kisses your hand and sits by your side, only leaving you when territorial wars demand it. Wild koi ride the currents and turn in lazy circles through the spires of your palace, scales glinting gold, red, black, silver, in the sunlight stabbing through the sea, singing softly - there's no other lover like this, god I love my man, through space and through time, forever he's mine...

want a mermaid matchup and moodboard ?

[personinthepalace]

Mermaid Jon

From Nancy Zamit’s instagram

[mischiefmaker615]

Tears of a Mermaid (Loki Love Story) Ch.3

Mara's cheeks reddened as he began striping and although she was dazzled by the new..differences- she had never seen before, her eyes quickly moved away, a fluttering feeling coming to her chest, stomach and head "don't tell me a prince, being on all those adventures, doesn't know how to swim?'' she lightly teased and peaked in the corner of her eye

Loki chuckled at her question." I can swim, dear mermaid" he assured as he moved closer to the water. he had managed to remove his leather and armor, leaving him in what looked to be boxers and shirtless, revealing his fine, tones muscles.

Mara swam a little away so he had more room to get in and adjust but he walked in no problem, as if the cold didn't even bother him ''your adjusting well compared to most'' she teased and tried not to stare at anything below his eyes.

not wishing to mention the fact that he was a frost giant, Loki merely shrugged the fact off as he got in now shoulder deep ''i'm not most'' he teased and swam straight so they were now face to face, rather closely, surprised she allowed them to be.

her eyes held onto a wondrous look, seeing him in the water with her, and just by seeing themselves above the water, they looked the same as she giggled ''from afar one probably couldn't tell we are different''

Loki looked at her and shared her smile ''i suppose they couldn't, if they could even see us at all'' he teased, moving a little closer before she shyly swam back playfully, swooshing her tail a little so she splashed him and he grinned, swimming after her.

the two shared a distance between each other, interacting through only water splashes and smiles to each other as they got further into the lake where one couldn't reach the bottom if he tried to stand, but Loki didn't seem to mind as they continued to enjoy each other's company. once a good while was spent, she slowed down and faced him with an excited look, making him wad in the poor with a waiting, curious look ''what is it?''

Mara bit her lip, as if debating whether to tell him or not ''..i have this place i wish to show you, one i venture at quite often to truly appreciate one of Asgard's various beauties''

Loki raised a brow with a look of curiosity as he got closer ''and you wish to show me?''

''..i wish to take you there..it's not far, but its beyond a tunnel canal just beyond that cliff side over there'' she explained, pointing to one of the rock walls that followed alongside the water's edge that made a separation of land and water. ''you dive down and the opening is there, the place is inside''

Loki paused a little, the siren legend poking at his brain as if she would lure him away to his demise..but she didn't seem at all siren, and being the god of lies, she appeared to be telling the truth. after looking over the area, he gave her a gentle look that gave trust and nodded ''alright, show me'' he smiled

Mara almost looked taken back as he gave her trust, not that she was deceiving him, but just how the connection held between them so well that she was willing to take him there on her liability. ''okay,..you're going to have to hold your breath a little longer than what most are used too'' she warned as she gently took a hold of his hand, the first touch they've shared since the last time they were admiring they're differences, and her skin felt so smooth..

Loki looked up to her eyes with a nod and a smile ''right, after you then'' he lightly teased and they both swam to the water's edge where they were now up against the cliff wall, Mara all the while pulling him along before pausing.

''..okay, now'' she gave the Que and Loki took a breath in. once he was ready, she dove down into the water, her tail the last to be shown on the surface before disappearing and she pulled him down at a quick but gentle pace.

Loki helped swim along as he allowed her to pull him under, both being careful not to hit any rocks before she laughed at an opening where it showed a tunnel going straight through the cliff. with a quick flick of her tail, she entered, extending her arm behind her so he'd have more room to swim behind her, being sure not to get whacked by her tail as they swam through. his oxygen was fine, and for being in deep water, it was rather clear and light, being able to see her perfectly well with all her shimmering scales and skin as her body moved effortlessly to bring them forward. up ahead came a light where the water began getting brighter, knowing they were nearing the surface of the lagoon and she quickened herself once she pulled them out of the tunnel and up towards the surface where there seemed to be dark shapes floating on top. she let go of his hand and Loki freely breached for air, taking a deep breath as he cleared his face from the water and looked around, her head poking up to with a bright smile he was learning to love so much.

''lily pads?'' he grinned and looked amazed at just how many surrounded him in a thriving state, filling the cove with beautiful flowers that rested on top. light came from above the cave from an opening, shinning enough light to be able to see perfectly at the lagoon's shimmering enchantment. the water's reflected beautifully on the walls of the cave, complimenting the flowers that floated in the water next to them where he looked back to see Mara admiring them with a loving gaze

''they are the only flower's i can enjoy because they are not on the land'' she smiled, stroking one with her fingers and glanced around ''i found this place long ago, coming across it in my explorations of new areas in Asgard's waters, i loved it ever since.''

Loki was listening, his eyes gazing upon her as if she was something else..clearly she was, but the way she loved even the most simplest things in life, how much wonder, curiosity and love she had with her..''so different..'' he whispered

Mara's eyes moved to his with a gentle expression and tilted her head ''aren't i?''

''even if you were on land you just-..you're not like anyone i've ever met'' he explained, mainly to himself as he gazed upon and hadn't realized how much closer he had gotten to her before she put a hand on his chest

''..my prince...''

''..Mara?..'' he whispered, his eyes lowering from her's to her lips that fought to find something to say..

''i..i'd like to see you again..'' she whispered, her eyes remaining on his as she kept her hand still yet it shook ever so slightly to where he placed it on top of his but moved it ever so slightly to the right

''this is what you do to me Mara..'' Loki sighed as she felt his heart, it going and a very quick pace to where she looked down at it and bit her lip.

''..will i see you again?'' she asked at almost a whisper, her eyes and voice almost as enchanted as he was, where everything seemed to move in slow motion but felt like they were riding a wave they didn't want to end. he could tell she had moved closer where he felt her tail gently bump him with each light swoosh she took to stay afloat and he nodded. both their eyes moving upward toward the opening of the cave where the light seemed to dim into a gentle beam. sunset.

''same time tomorrow?'' he smiled

Mara returned the smile and her hand gently slid from his chest and found his hand, taking it in hers as she backed up a little to prepare to dive ''i'll look forward to it my prince''

Loki's smile widened as he got the hint that they were about to depart again and took a deep breath. just as he did, Mara quickly moved forward and gently kissed his cheek, his eyes widened yet before he had time to react, she dove and they both went down into the water in which they came.

~~~

The moon was out already, and the stars had made an appearance that was all too beautiful. But Loki didn’t notice, making his way to the palace. his mind was elsewhere, and without realizing it, his hand had lingered to his cheek to where she had kissed him earlier. gods her lips were as gentle as she was and as soft as her skin.. his horse was taken back to the stables and he made his way through the halls where, quite out of nowhere, his brother bumped into him.

''brother! where have you been? you weren't at the dining hall'' he fussed, a mix of 'glad your alright' and 'what are you up to'. all the while, Loki held a look like he wasn't interested in consulting him and didn't surprise himself as he kept walking

“That is none of your business, brother. is father still awake?''

Thor sighed, knowing he wasn't surprised by his brother's reaction but nodded nevertheless ''i believe he is by the courtyard'' he gestured to the direction, raising a brow as he found the want to meet with father strange considering he'd always try to ignore him ''are you sure you are not ill brother?''

"I'm fine-" Loki did not stop to continue the conversation with his brother, instead going on to the direction of the All-father and took a deep breath once he had found him, gazing among-st the balcony that overlooked the gardens. ''father, i have a question,''

Odin turned to his son and his eyes were gentle, almost looking like he was going to smile and nodded in indication ''what is it my son?''

Loki took a breath, collecting himself for a moment, reconsidering. If he mentioned that he did indeed know where a real live mermaid was on Asgard, then his father would probably look for her. Something in him didn't like that, wanting to keep Mara a secret- His secret and no one else's. but information was still valued, and he needed to know.. the memory of when they were children racked at his brain, wanting to remember what his father had told him- ''..upon the legend that was told to Thor and I when we were children, what strength did mermaids possess exactly?''

Odin raised a brow at the random subject his son presented with him, but after a moment, he considered ''those creatures have been lost to Asgard, never seen in many centuries. however, it was to be believed that mermaids hold the power of water manipulation, to where they can bend any substance or living thing that naturally possessed it to their whim, deeming them more powerful- and more dangerous that sirens. this power was harnessed by collecting a single tear, and the war of your great great grandfather was put to an end, and so was their race once people knew of the capabilities of their kind.''

Loki listened with intent, satisfaction flooding through his mind once he got his answer but wonder soon replaced that. how could sweet Mara actually possess such power when she remained almost in an innocent, childlike state? perhaps at the end of her kind she was hidden by the truths of her abilities? This was a chance, an opportunity? It seemed that Mara was also the only mermaid to be in Asgard, and possibly the very last of her kind.. No one but himself would know. ''..how would one obtain a tear?''

''where are you trying to lead this conversation Loki?'' Odin asked, suspicious threatening his voice as wonder remained on his face.

as talented a liar as he was, Loki shook his head with a small wave of his hand ''i've reached a particular section in the library where it spoke about old Midgardian myths, ones that still seemed to be untrue to them but different to our available knowledge. in the specific book, i couldn't believe that one creature could merely exist without having some use to itself and or other's in its lifetime'' Loki explained casually, relaxing once Odin seemed to nod and continue.

''.. there are two specific types, tears of sorrow, and tears of joy. by great difficulty, you can already figure out which one would be harder to obtain, being the most favored and rare.''

“Tears of joy?” Loki repeated, quirking an eyebrow up. How to gain the joy of a mermaid was beyond him,- what was he thinking? this was Mara, the only being he knew that actually seemed to be enjoyable to be around- hell, to even make him feel things he hasn't felt in a very long time.. ''-that is all i suppose father, the knowledge still remains untouched by the creatures not being of existence anymore, i suppose the Midgardian's have a right to believe they don't exist than'' it was a light joke, but mainly to dully wrap up the conversation as he gave a final nod ''goodnight''

Odin returned the nod as he watched his son walk off, suspicious hinting at  his mind but knew mischief couldn't even bring a race back after centuries of being extinct, therefore he must be up to something else to where it posed no real issues other than a few incidences that became the norm from Loki, so Odin merely brushed it off with a ''goodnight my son.''

[zanedoll]

🎏⚜I thought for a long time what kind of fish to make John, but still settled on koi carp. Why him? Because koi carp is considered only a fish that has passed six selection selections. Quite royal, isn't it?

🎏⚜Although it is not visible in black and white, John is a veil golden ogon. Yes, it sounds like a demon-summoning spell, but it's a real koi breed.

🎏⚜Why veil? Because they look gorgeous. Why golden? Well... This is John's hair color) Why the ogon? Because, it seems, this is the only yellow breed of koi, not counting the kinrin (but I doubt their existence at all)

P.s: I apologize for the inaccuracies and the strange text is the maximum that my translator can give out

P.P.s: Tumblr, bitch, bring back the quality 😊🔪

Ost: Я хочу на море— TVOROЖОК

[lorenzoxreyes]

Mask Off

[forfuckssakejim]

I had the most????? Fucking coolest ass dream last night with like. The most rawest line and I can’t fucking remember the whole ass thing. It was like something about the stars??

Like. There were gaps between the stars and it was considered a bad omen????? And I was a princess and it was just. Really fucked up and cool at the same time.

God what the fuck was it.

[mostlysignssomeportents]

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

[sege-h]

Thought abt human!Vs hair and wanted to draw (gentle) hair tugs. Couldn't decide on a version so now you get Two

Wrathos is kinda gently indecisive about it

And Nami (merAtos has a name now) acts threatening but he's just having fun

V/Vice belong to @riftclaw

[a-clown-with-wings]

Mermay.

[sketchsketchdraw]

My process for this piece. Really love how it turned out!

[ofasgardandalfheim]

Loki & The Siren; Chapter Eleven

A meeting in the forest.

Fic Synopsis:

This is the story about how you met and fell in love with Loki, hundreds of years before the events in Avengers, while his family was visiting Alfheim, where you were a siren.

It is a companion piece to Lightning Over the Sea-Redux to give more insight into your past and relationship with Loki.

The anticipation of your next meeting consumes you in the days that follow. Every time you pass Thor in the palace, your eyes meet, igniting the spark between you and fueling the fire of your desire. You can hardly focus on anything else, your thoughts constantly returning to him and the secret rendezvous you've planned.

You feel your heart race as you sneak out of the palace, the anticipation of the upcoming meeting coursing through your veins. The towering trees loom overhead, their branches intertwining to create a canopy that obscures the sky. The rustling leaves and the sound of your footsteps echo through the forest.

As you navigate the winding path, you can't help but wonder what awaits you. Your mind is filled with questions, hopes, and fears. The cool breeze against your skin is a welcome distraction, but it doesn't ease the knot in your stomach. You push forward, driven by the desire to see him again.

Finally, you arrive at the clearing where you had arranged to meet. Your heart is pounding in your chest as you scan the area, searching for any sign of him. The silence is deafening, and every second feels like an eternity. Then, you hear the rustling of leaves behind you, and you turn around to see him emerging from the shadows.

His eyes meet yours, and for a moment, time stands still. The tension between you is electric. You're not sure who moves first, but soon you're standing face-to-face, his warm breath brushing against your skin, the heat emanating from him enveloping you in a cocoon of desire.

Without saying a word, you reach out and take his hand, intertwining your fingers. The touch sends shivers down your spine, and you're acutely aware of every inch of your body. You lean in closer, drawn to him like a moth to a flame. The air crackles with anticipation as you stand there, lost in each other's eyes.

Despite the passion that burns between you, there's an undercurrent of uncertainty and fear. You know that this meeting could have consequences, but you find yourself surrendering to the moment nonetheless. As you stand there, locked in each other's gaze, you realize that this is just the beginning of a journey that promises to be filled with love, lust, and danger. It is intoxicating.

Read more on Ao3

[arts-ims]

Time lapse: https://youtu.be/nd-8BhaX4Os

The 2nd one I drew as part of MerMay using the Subjectively prompt list. The birb is good boi with his tiny hat. Had more difficulty with this one and decided that the mermaid would have a cormorant friend. I imagine they're a mischievous duo.