Trump Petitions SCOTUS & Mickey Mouse in Public Domain
Jan 5, 2024
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Elections expert and professor Richard Briffault discusses Trump's petition to the Supreme Court about his eligibility on the ballot in Colorado. Terence Ross, an intellectual property litigator, explores the expiration of Mickey Mouse's copyright and the implications of Mickey entering the public domain. They also discuss potential legal issues surrounding movie titles and explore the impact of influential literary works entering the public domain.
The Supreme Court is considering Donald Trump's eligibility to reclaim the White House based on the interpretation of the insurrection clause and its potential national implications.
The expiration of the copyright for the original Mickey Mouse in 'Steamboat Willie' puts that version of Mickey Mouse in the public domain, allowing its free use with certain restrictions.
Deep dives
Supreme Court showdown over Trump's eligibility
Former President Donald Trump is asking the Supreme Court to overturn a Colorado Supreme Court ruling that declared him ineligible to reclaim the White House. The Colorado court invoked the U.S. Constitution's insurrection clause to disqualify an ex-president for the first time. The Supreme Court's decision to take the case is uncertain. Various arguments, procedural and technical, have been presented in Trump's petition.
Possible implications of the Supreme Court decision
The Supreme Court's decision on Trump's eligibility could have national implications, as similar challenges to his eligibility have been filed across the country. The dispute revolves around the interpretation of the insurrection clause and whether or not Trump's involvement in the January 6th assault on the Capitol disqualifies him from office. The case is seen as an important one, as different state courts have given conflicting answers to this question.
Tension between democracy and the rule of law
Arguments have been made that disqualifying Trump would infringe upon voters' rights and disenfranchise millions of voters in Colorado. This argument poses a tension between the democratic notion of allowing voters to decide and the principle of being a constitutional democracy governed by the rule of law. The court's decision will need to consider the balance between voters' rights and eligibility requirements laid out in the U.S. Constitution.
The expiration of Mickey Mouse's copyright
The copyright for the original Mickey Mouse in the 1928 cartoon short 'Steamboat Willie' has expired, placing that version of Mickey Mouse in the public domain. The black and white, voiceless Mickey depicted in 'Steamboat Willie' is now free for anyone to use without permission. While colorization and modification of the character are allowed, any use that suggests affiliation or association with Disney could still be subject to trademark infringement.
Elections expert Richard Briffault, a professor at Columbia Law School, discusses Donald Trump asking the Supreme Court to keep him on the ballot in Colorado. Intellectual property litigator Terence Ross, a partner at Katten Muchin Rosenman, discusses the implications of Mickey Mouse becoming part of the public domain. June Grasso hosts.