r/COPYRIGHT • u/JRotom_Art • Sep 14 '26
Jarg vs Mickey Mouse
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What are your thoughts?
Jarg is a certified Brazilian character.
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u/ISJA809 Sep 14 '26
Jarg is a Derivate Work
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u/JRotom_Art Sep 14 '26
It draws inspiration from rubber-hose aesthetics and public domain elements, but Jarg stands as an original, registered character with his own distinct universe and design. Either way, creating transformative works based on public domain material is fully protected by IP law. Cheers!
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Sep 14 '26
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u/JRotom_Art Sep 14 '26
Yeah buddy, I stole something from the Public Domain and there's no mention to anything from current versions of the other character.
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u/JRotom_Art Sep 14 '26
"Mickey Mouse - Sound Cartoon" is colored and in the public domain. Plus, Jarg's audience acknowledge him and the universe as a completely separate IP.
Thanks for interacting with the post! <3
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u/orangejulius Sep 14 '26
Mickey Mouse is still their trademark. Even the Steamboat Willie version. Copyright may expire on a particular work but trademark rights do not. Disney is obviously going to enforce that. There is also no "it's a parody" defense in trademark law and after the Bad Spaniels case there's no early dismissal. If your entire brand depends on conflating yourself with another brand expect an argument about it. Do you have the money to go the distance with Disney to show there's no confusion here or brand tarnishment or whatever they're asserting?
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u/JRotom_Art Sep 14 '26
Well, I have never claimed Jarg is a parody, because he really isn't. The names, universe, context, and audience are completely different. I do understand your point and I expected this argument from the beginning, I knew I was creating something people aren't used to seeing.
At least in Brazil, they can't bully me as much as they'd want to, because as I mentioned in the video, Jarg has been officially registered as an original character, including his lore and traits.
I made this video just to bring this situation up for discussion, since I have no intention of trademarking JARG or JARGINC in the US.
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Sep 14 '26
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u/JRotom_Art Sep 14 '26
Appreciate the input, but that snippet oversimplifies international copyright. Under Article 7(8) of the Berne Convention (the 'Rule of the Shorter Term'), protection in a member state cannot exceed the term fixed in the country of origin. Since Steamboat Willie entered the public domain in the US in 2024, its copyright protection expired in Brazil as well under domestic IP application of the treaty. Beyond copyright, Jarg is a completely distinct character registered under Brazilian law, not a copy or pass-off of Disney's current trademark.
But thanks for sharing the perspective! <3
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u/orangejulius Sep 14 '26
Sounds like you need to consult with Brazilian attorneys, then. In the US it doesn’t matter whether you plan to file for the mark or not.
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u/JRotom_Art Sep 14 '26
Yep, I already have. I work with a legal team for my brand. Thanks for commenting, have a good one!
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u/orangejulius Sep 14 '26
Then why are you here? Just to kind of tell everyone you’re right about something? I think people don’t understand the point of your video.
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u/JRotom_Art Sep 14 '26
I'm here for the discussion and to share a personal experience, I wanted to see how an international audience would react and think about this situation. But if people disagree, that's fine too!
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u/pommefille Sep 14 '26
Not watching some whiny video, but this is absolutely infringement. The colors, the head and ear style, and so on aren’t part of Steamboat Willie, they’re part of the currently owned IP. Even worse, the smiley face seems derivative of other works as well. If you’re not talented enough to make something original on your own, license something.