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#also its 2024 now hi
silmecicle · 3 months
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i just think blitzø should have a horse and be happy
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arcanegifs · 1 year
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"If I can figure who made this, it could lead me directly to whoever's behind it all. The answer is here, staring me in the face. I can feel it."
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front-facing-pokemon · 5 months
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pixelatedraindrops · 2 days
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Yuma Month: Day 18: Future
“Thank you for coming... Makoto.”
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“Oh come now... Discard your emotions.
You are my homunculus are you not?”
"...You are cruel for this...shouldering me with yet another burden…
Kurumi...is still looking for you..."
“I know…I’m sorry.
Tell her…my journey has been extended.”
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marquezian · 2 months
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Santi Hernandez in MotoGP Unlimited
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boxwinebaddie · 9 days
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How/when does Jersey end up saying I love you?
oooooh! okay, so i was going to write it out ( i am jennifer slowpez so in nina fashion, i am spoiling it, what's new? ) but there is a part after this...if we remember this ask i am obsessed with where raven is diabolically patching jersey up via the tiny child sized hellokitty carebear bandids kyle bought for the kids he works w in the elementary school via that one anons delicious input...genius really.
*raven vc* pero like, so you know, they pull away it's awkward fml. dawg, they are about to *dreamy fit asf rm tolkien posh british vc* have a cheeky little snog like that entire whumpshot...anyways!
( ALRIGHT THIS IS LONG, VERY UNHINGED AND ROUGH SORRY I HOPE YOU SMILE LAUGH AND CRY PENDEJOS <3 )
kyle notices that the vinyl record player is playing their sadie hawkins first dance song ( idk what song it is but its an abba song because thats gay rights baby! its probably my love, my life or andante andante...branch in my eyes ) and theres a bowl of skittles, but only the red ones are in it...because stan still eats around the red ones bc only kyle can have the red ones....brb crying!
yadda yadda yadda. and i think on the tv, the screen is paused over a brand new episode of say yes to the dress ( if we recall, before i deleted chapter six...which was a disaster but also a masterpiece rip, ravenstan was being so boyfail cute in it in his armani suit and was rizzing the hell out of kyle with his crunchy boy knowledge of plants...when stan came over for their #hate fashionably late, kyle was stress-watching say yes to the dress...which is his favorite show because he claims to be allergic to romance, but secretly thinks its really beautiful that people can fall and love and get married...AAA )
but anyways, when they start dating say yes to the dress ( shoutout to when ravenstan forgot what it was called bc adhd and called it Are You Down With The Gown ) became their show and kyle very quietly is like "were you going to watch it?" and stan getting nervous, trying to deflect because they always watch it together is like uhuhuhHhHh and kyle, sad laugh shaking his head is like "baby" *yersey swearing* "dude...baby dude...my guy...just guy, fuck, you know you can watch it without me. we're not...Together. *hurts worse than his ribs* you don't have to wait for me." and stan is like "i-i know. i was going to...i-i Wanted to! i just--i couldn't. i couldn't watch all the people in...."
Love :(
he doesn't say it. but jersey kyle can FEEL it.
he winces. hard.
he wants to fucking die...he wants to say something but he's so stupid and he ruined ravenstan's life, words fail him but STAN!!! grabs his hand and is like "-because! because i knew it would make me miss you. and fuck it. FUCK EVERYTHING KYLE I FUCKING MISS YOU!!!! i miss you and i LOVE you and i don't--i don't care if you can't say it back! i don't have to wait for you, but i WILL! i want to! i'll--i'll wait forever! YOURE MY FOREVER. people tell me they love me everyday, but with you--i can feel it. I. Just. Know. and that's enough! you're enough. YOURE ENOUGH, KYLE BROFLOVSKI. just the way you are. and i'm sorry...i'm sorry i pushed you and tried to change you. i was just, i was insecure about it i guess--and--and--"
cue kyle smiling like an idiot ( the rare kyle smile ) like "...stan?"
ft. stan still yapping smh like "oh my god, i miss you SO much! curb only got into the trash because you weren't here to remind me. and i had pasta from this five star restaurant the other day and oh my god, ky. it was TRASH! yours is so much better! and-and i think i broke the washing machine earlier, oh my god, it sounded like an explosion, i can't find anything, i--"
kyle...literally still trying to get stans attention smh going
"stan? hey? stan???? Stan???"
stans still yapping btw ( oh my god when he is passionate the man never shuts the hell up hes like rambling himself into a corner ) like "and theres this new exhibit in the aquarium and theres this huge red fish in it and i wanted to send it to you and be like 'this you' but were fighting and I HATE FIGHTING WITH YOU. can we stop fighting? :< i miss you. will you please come home? curb misses you, i miss you, i--"
*jersey vc* STANLEY MARSH!
*stan doing the wide flustered doe eye thing with the lip ring lip bite combo that makes kyle like actually criminally insane with love feels*
speaking of...
he leeeeeeeeeeeeeeans in...
gently grasps ravenstan's face
KISSES THEEEEEEEEEEEEEEE SHIT OUT OF HIM.
and says
and i quote...
"Te amo." <3
AAAAAAAAAA AND THE CROWD GOES WIIIIIIILD :')
-uncle nina, gratuitous undivorcer of ravesey style
#i'll edit the tags in a second#but is everyone happy#theyre in love again#i promise#*impastor craig vc* by the power vested in me i now pronounce my beautiful gay sons that i tortured for half a year#Undivorced ;-; <3#I CAAAAAAAAAANT BELIEVE IT#no one get used to it im still gonna have them do miserable break up things and create drama dont worry about THAT#BUT I CANT BELIEVE JERSEY KYLE SAID I LOVE YOU#I AM SO PROUD WOW THIS IS SO BEAUTIFUL#now i can write the jersey kyle Can say i love u meme#( which is my favorite ask meme its so funny ily robot kyle )#he is like...i have so many feelings...i am excited? frightened? ex...frightened?#I CANT BELIEVE JERSEY KYLE SAID TEEEE AMO#SMILE PENDEJO NATION WE ARE SOOOOO BACK!#is anyone else crying or is it just me is it just jersey and raven and me and curb and the entire internet#UR WELCOME! YOU ARE ALL NO LONGER CHILDREN OF DIVORCE! TIME TO REJOOOOOOOOOOOICE YALL#*passes out The I Survived The 2024 Ravesey Divorce And All I Got Was This Stupid Teeshirt stupid teeshirts*#my sons in love my sons in AMOR bitch!!!!!!#that rizz was crazy also this was too happy so pls note they quite licherally almost smashed but kyles bones are broken#NOT THE ONE THAT MATTERS THO but he did still get stanbanned by sexy nurse raven lamE#*teri vc* at least he'd die doing what he loves...LITERALLY!!!#i admire his dedication like i too would risk it all to get risque and frisque with ravenstan but no they just#watched say yes to the dress and fell asleep on the couch#The End <3#everybody chant NINA!!! NINA!!!! NINAAAAAAA!!!
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perkeleen-lavellan · 3 months
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I feel like the Blight year just does something to Valo, so that when the Grey Wardens make their inquiries and ask him how did he survive killing the archdemon, he just goes "Idk I guess I'm just built like that."
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alienfangs-mov · 4 months
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Man... I grew up with Chuggaconroy.
I loved his Pokémon lets plays, his Paper Mario lets plays, his Zelda lets plays... Phantom Hourglass in particular.
I was so happy to see his reaction to TTYD.
Emile... I'm so disappointed in you. And I hate to be harsh, but after reading the Google doc of you grooming a minor, I have to say... You're so fucking disgusting. I hope you get the help you need but I cannot support your content anymore.
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oh girls dont look im rambling in here
#spoilers#?? ig?? potential y8 spoilers???????#snap chats#anyway its been recently revealed by hidenari ugaki that he hasn't heard word about reprising his role as majima yet#and like. part of me doesn't mind the possibility of majima not coming back to LaD8 but:#1.) ugaki sounded upset bout the fact he didnt hear back yet :( if it means he isn't worried anymore then please bring maji back#2.) if majima isn't in the game then im just curious as to what the fuck kiryu's purpose is going to be then#maybe he just hasnt gotten word yet so i dont wanna say its official hes not coming back#but LaD8's set to release two years from now- not even maybe a year and then some#so if he hasnt gotten word yet it is lookin a bit uhhh whats the word/phrase. idk Down To The Wire thats it I Think#im not saying majima and kiryu are stapled at the hip and if one of them is there the other one has to be#it's just... it's just so baffling having kiryu come back as a protagonist#this is less of a ramble about majima's potential return to the franchise and more about kiryu's return haha baited yall sorry#him coming back in LaD7 was already a bit of a stretch but i get it- i cant say im totally mad about it#if that would really be the last time we saw him then i wouldve been happy#but yeah im just.. really anticipating LaD8 now like whats he going to do in it if none of the past players are coming back#cause LBR if not even majima is making it when he's been beyond established as a fan favorite then there ain't hope for anyone else#ugh 2024 get here sooner please i just want to know what's going to happen#i also wanna see my boy ichi again. my sunshine my fellow my guy my pal my--#ok thats all from me for tonight feel free to send me your opinions or somethin idk
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sentofight · 2 months
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the entire dorm was fragrant with the sweet smells of baked goods ! one could even catch a whiff outside the building even ! a joint venture from the second year girls( yukari, fuuka, & the ever excited for any group activity; minako herself ! ) who had completely bogarted the kitchen completely for the day. the trio deciding it would be far more effective, && cheaper, to simply make all the confections they needed for valentine's day--- though it seemed as if they really just had the boys of the dorm to give any to, the rest no doubt going to themselves. a proper way to rev up galentine's day for sure !
of course, that didn't mean that there wasn't any care into those sweets that were going to their male companions. juggling fixing the various mistakes caused by fuuka, minako had taken a specific venture to make a separate set of cookies for her senpai specifically. remembering a passing comment once before that he wasn't the biggest fan of sweets, aiming to make something quasi on theme with chocolate but not so sugary that it would be a pain & a half for him. so after flipping through quite a bit of various recipes in books at the library & quite a few online on the dorm computer--- she had settled on madeleines ! the lot were more like small cakes anyways but easier to eat.
&& with that in mind she'd made sure to make the madeleines herself, little cookie sized cakes that were shaped not in their traditional shell appearance but that of a heart in honor of the holiday. of course being heart shaped was no doubt expected from the bright fool, after all she loved her senpai ! she loved junpei, she loved yukari & fuuka & everyone at the dorm ! all her friends held her heart so why shouldn't she treat them with cute little heart shaped treats ! valentine's day is about love in all it's forms ! delighted to see the batch come fresh out of the oven almost perfect, the lot was half dipped within some semisweet chocolate. half were left to dry, while half were then sprinkled with some nuts for garnish, stuck neatly( as she very, VERY meticulously made sure the pieces laid juuuuust right ) within the chocolate. the other half were then separated once more & that half got a different garnish of white chocolate lines piped thinly for decor.
once done, the madelines were gathered & wrapped up within a cute handkerchief & tied with a ribbon to be put aside so it didn't get mixed up with the other goods & sweets. everything was to be made ahead of time so that early on february fourteenth the girls rushed downstairs & put out all the various chocolates & baked goods upon the grand table within the dinning area in the lounge for everyone to partake in all day ! specific boxes from each of the girls had been placed with everyone's names upon them, each having small bits of fudge or chocolates with silly messages or drawings.
the little bundle of madelines sat upon the boxes from fuuka & yukari, but minako's gift came with a little note rather than just a name of which said:
for senpai, who is very sweet but doesn't like things that are super sweet. - arisato p.s; you have to get all of us white day gifts now haha !
The kitchen was off-limits--a war zone, none of the boys dared to step outside of the rooms, heck some decided to spend their time outside of the dorm fearing for their lives. For Akihiko, he would hate to be locked in his room for hours, so he opt to go and train. It would be a good use of his time instead of holing himself up in his room.
Akihiko went on his usual jog, met some school mates on his way, and even club mates who share similar training regimen. Hagakure visit is a must, too after a long jog.
Junpei had texted him saying that the girls had finished their culinary crimes and he can get back home. It was not like left because of them so he decided to stick around and pay a visit to Officer Kurosawa.
The golden boy was not dense as to what this day hold in meaning. He just rather feign ignorance which can help him avoid unnecessary situations. The girls in the dorm were probably make gifts--chocolate ones for the people they like? Well, he get that it is not necessarily for people you 'love' since he got some chocolates from his foster mother early this morning. How kind of her ... which is another reason he cannot fail on his mission. He is Sanada's soul now.
Going back to the dorm after bidding goodbye to officer Kurosawa, he hoped at least that someone took care of what Fuuka had ... concocted. Whoever the poor fellow will get her mystery food x, may their soul rest in pieces--peace.
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The smell is enough to knock someone out with diabetes. Geez, what were they doing? "I'm back," he said swinging the door open. Seems like there were no one in the lounge. "Hm... " he walked toward the dining table where boxes of different red gradient color were placed. "Did they make all of these? Cool." eyes quickly lays on the ones marked for him. "Huh? Me?" he raised an eyebrow in confusion.
"I see. They made for all of us, huh. Well, if we all get knocked out, who is going to save us? Sigh..." what a predicament. Declining a girl's gift is like ... opening gates of hell upon yourself. He'd fight shadows day and night than being placed in a situation like this.
Thinking ...
"Doubt anything in here can kill Junpei, so we might as well have a fighting chance." pure logic, ladies and gentlemen.
"Besides, Mitsuru will do something ... I think," unless she rather see them willow in pain .... she wouldn't, would she? Sigh ...
"Argh, dang it. If it does not kill me, at least it might make me stronger," perhaps. He picked the first thing on top which was the bundle. Something was obvious that it was from leader--just the careful details yells it is Arisato. Always looking out for everyone.
"Let's see... madeleines?" His first impression was a cake or chocolate something. This was not a bad choice in all honesty. Creative and different. To be honest, he could use a little bit more sugar today after his workout but hey, these go well for breaks between studying and training in his room. Definitely, a thoughtful gift.
He picked his share and climbed up to his room to try them out. Arisato's madeleines were chef kiss. All that home economics classes seem to have paid off, huh. Hopefully, the same goes for Fuuka's stuff--and Yukari's.
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A smile curled his lips upon seeing the note. Yep, that's their leader. "I do like sweet things, though. Some sweet things." he do indulge in some sweet fries from time to times. They keep the kid in his heart alive. Oh, and pancakes. Pancakes are good.
"White day gifts, huh... Geez, now that's a hard thing to do. I have to think about it from now." he placed the note on his desk to be a reminder for him to not forget about his new obligatory gifts haha. God help him to pick something back for the girls.
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valentine's day | i still accept them if u send them ~ | @foolshoujo
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butch-bakugo · 8 hours
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Where do I go to sign up for the "abusive parent turned to god, thinks that will redeem them of their abuse then when they found that forgiveness in the church and fellow Christian family members, they get mad to the point of harassment at their victims for not playing by God's rules and forgiving them too" club?
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a-sleepy-ginger · 1 month
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9/4/24
✿❈✿❈✿
Saw a couple of black pigeons (never seen black pigeons before they are very cute)
Sweet potato chips
Tiger bread toast
Started watching Shuumatsu train doko e iku no and so far it's great
Teased my dog (somehow every time I close my hand there's something in there and he must have it)
Helped my mother cook rice
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steveyockey · 3 months
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In the absence of a clear and obvious angle to attack Bushnell’s protest, most likely due to his status as a serviceman that would make outright insulting him or suppressing the news itself scandalous, discussions on Western shores have now taken on the familiar framing of mental illness. In Time Magazine’s write-up of Bushnell’s death, the article finishes with a link to the suicide hotline, and asks readers to contact mental health providers if they are experiencing a “crisis.” Mark Joseph Stern, a writer at Slate, seemingly unasked, also wrote on Twitter/X:
“I strongly oppose valorizing any form of suicide as a noble, principled, or legitimate form of political protest. People suffering mental illness deserve empathy and respect, but it is wildly irresponsible to praise them for using a political justification to take their own life.”
Conviction does not exist to the American. To be willing to die in a selfless act for what they believe in only exists for those outside America's sphere of influence. Many will recall reporting on those who self-immolated in protest in Iran and in Russia for instance where this sort of approach, unwilling to engage with the root of its cause, would not even be entertained, let alone written and published with sincerity. The Arab Spring began with a self-immolation. The self-immolation of Buddhist monks in protest of South Vietnam’s persecution became defining images of the war and its corruption. Within America’s walls however, there is a belief, unspoken and ingrained from birth, that democracy allows for everyone’s voices to be heard and that its representatives are inherently inclined to respond to the people and their widespread wishes.
Desperation at inaction or complicity in terror and atrocity need not apply. Everyone incensed by their government to such an extent must simply have something wrong with them. To be able to go about one’s day knowing that children are screaming from the hunger that is eating their insides and that pregnant women are eating bread made from animal feed, and that the United States is supporting Israel’s creation of this famine, is apparently the real sign of well-adjustment.
Seamus Malekafzali, “The Words Burned Through His Throat: The Sacrifice of Aaron Bushnell,” February 26, 2024.
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deadpresidents · 14 days
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"What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world. To carry out a deportation operation designed to remove more than 11 millions people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women's pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn't carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America's founding. He is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn't paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen."
-- "How Far Would He Go", TIME Magazine's interviews with Donald Trump, April 30, 2024.
I know we're saturated in coverage of Trump and it's easy (and probably better for our mental health) to usually ignore most of the articles when we see them, especially since he's so full of shit and infuriating. But it's also important to recognize that he is going to be the Republican nominee for President and he could absolutely be elected in November, and if you thought his first term was scary and dangerous, you need to understand that in a second term he's going to have people around him that are better prepared and VERY willing to do the crazy shit that he wants to do to this country. They aren't even hiding the fact that they are seeking vengeance against political opponents whom they feel have wronged them, and are ready to fundamentally dismantle the democratic foundations that are barely holding this country together after nearly 250 years.
Just look at what Trump says about the people who he incited to attack the United States Capitol in an attempt to overturn the results of the 2020 election and halt the peaceful transfer of power that has happened every four years since 1789:
"Trump has sought to recast an insurrectionist riot as an act of patriotism. 'I call them the J-6 patriots,' he say. When I ask whether he would consider pardoning every one of them, he says, 'Yes, absolutely.' As Trump faces dozens of felony charges, including for election interference, conspiracy to defraud the United States, willful retention of national-security secrets, and falsifying business records to conceal hush-money payments, he has tried to turn legal peril into a badge of honor."
Oh, and please note that Trump -- a former President of the United States and possible future President of the United States -- said on the record in these interviews with TIME: "There is a definite antiwhite feeling in the country and that can't be allowed either." We are at a point where political leaders are outright saying that in this country again, and it's because of Donald Trump.
So, take the time to recognize that Trump is straight-up telling us the country we're going to be living in if he wins again in November. And understand that your vote matters -- and WHO you vote for matters -- because, as I've been saying for years now, ELECTIONS HAVE FUCKING CONSEQUENCES.
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batboyblog · 5 months
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Copy Right and Public Domain in 2024
Happy 2024 all! its also Public Domain Day! a magical holiday here in America where things enter the public domain. Works published in the year 1928 (or 95 years ago!) have entered the public domain, which means they belong to us, all of us, the public!
Mickey's Back!
Yes! I'm sure you've heard, but Mickey Mouse (and Minnie Mouse too) is entering the Public Domain today. This has been news for a few years and indeed Disney's lobbying in the late 1990s is why our copy right term is SO long. So what exactly is now public domain?
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Most people know about Mickey's first appearance Steamboat Willie, but a second short film, Plane Crazy was also released in 1928 so will also be public domain. So what's public? well these two films first of all, you're allowed to play them, upload them to YouTube or whatever without paying Disney. In theory you'll be allowed to cut and sample them, have them playing in the background of your movie etc. Likewise in theory the image of Mickey and Minnie as they appear (thats important) in these films will be free to use as well as Mickey's character as he appears in these works will be free to use. Now Mickey's later and more famous appearance
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will still be protected. Famously the Conan Doyle Estate claimed that Sherlock Holmes couldn't be nice, smile, or not hate women in works because they still held the copyright on the short stories where he first did those things even though 90% of Sherlock Holmes stories were public domain. It's very likely Disney will assert similar claims over Mickey, claiming much of his personality first appeared in works still copyrighted.
Finally there's copyright vs trademark. Copyright is total ownership of a piece of media and all the ideas that appear in it, copyright has a limited set term and expires. Trademark is more limited and only applies to things used to market and sell a product. You can have a Coke branded vending machine in your movie if you want, but it couldn't appear anywhere in the trailer for your movie as thats you marketing your movie.
Where trademark ends and copyright begins and how trademarked something in the public domain is allowed to be are all unsettled areas of law and clearly Disney in the last few years as been aggressively pushing its trademark not just to Mickey in general but Steamboat Willie Mickey in particular
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Ultimately the legal rights and wrongs of this might not matter so much since few people have the money and legal resources of the Walt Disney corporation so they might manage to maintain a de facto copyright on Mickey through legal intimidation, but maybe not?
And Tigger Too!
All the talk about Mickey Mouse and Steamboat Willie has sadly overshadowed other MAJOR things entering the public domain today. Most people are aware Winnie the Pooh entered the public domain in 2022, but they might not realize his beloved friend Tigger didn't. Thats because Tigger didn't appear till A. A. Milne's second (and last) book of Pooh short stories, The House at Pooh Corner in 1928.
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Much like Mickey Mouse only what appears in The House at Pooh Corner is public domain so the orange bouncy boy from the 1960s Disney cartoon is still on lock down. But the A. A. Milne original as illustrated by E. H. Shepard is free for you to use in fiction or art. His friend Winnie the Pooh has made a number of appearances since being freed, most notably in a horror movie, but also a Mint Mobile commercial so maybe Tigger too will have a lot of luck in the public domain.
Other works:
Peter Pan; or the Boy Who Wouldn't Grow Up
Peter Pan is a strange case, even though the play was first mounted in 1904, and the novelization (Peter and Wendy) was published in 1911, The script for the play was not published till 1928 (confusing!) meaning while the novel as been public domain for years the play (which came first) hasn't been, but now it is and people are welcome to mount productions of it.
Millions of Cats
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The oldest picture book still in print, did you own a copy growing up? (I did)
Lady Chatterley's Lover
The iconic porn novel that was at the center of a number of groundbreaking obscenity cases in the 1960s and helped establish your right to free speech.
All Quiet on the Western Front and The Threepenny Opera in their original German (but you can translate them if you want), The Mystery of the Blue Train by Agatha Christie, and Orlando by Virginia Woolf will also be joining us in the public domain along with any and all plays, novels, and books published in 1928
for Films we have The Man Who Laughs who's iconic image inspired the Joker
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Charlie Chaplin's The Circus, Buster Keaton's The Cameraman, Should Married Men Go Home? the first Laurel and Hardy movie, Lights of New York the first "all talking" movie, The Passion of Joan of Arc, The Wind, as well as The Last Command and Street Angel the first films to win Oscars for Best Actor and Best Actress respectively will all be entering public domain
For Musical Compositions (more on that in a moment) we've got
Mack the Knife by Bertolt Brecht, Let’s Do It (Let’s Fall in Love) by Cole Porter, Sonny Boy by George Gard DeSylva, Lew Brown & Ray Henderson, Empty Bed Blues by J. C. Johnson, and Makin’ Whoopee! by Gus Khan are some of the notables but any piece of music published in 1928 is covered
Any art work published in 1928, which might include works by Frida Kahlo, Georgia O'Keeffe, Alexej von Jawlensky, Edward Hopper, and André Kertész will enter the public domain, we are sure those that M. C. Escher's Tower of Babel will be in the public domain
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Swan Song, Public Domain and recorded music
While most things are covered by the Copyright Act of 1976 as amended by the Digital Millennium Copyright Act, none of the copyright acts covered recordings you see when American copyright law was first written recordings did not exist and so through its many amendings no one fixed this problem, movies were treated like plays and artwork, but recorded sound wasn't covered by any federal law. So all sound recordings from before 1972 were governed by a confusing mess of state level laws making it basically impossible to say what was public and what was under copyright. In 2017 Congress managed to do something right and passed the Music Modernization Act. Under the act all recordings from 1922 and before would enter the public domain in 2022. After taking a break for 2023, all sound recordings made in 1923 have entered the public domain today on January 1st 2024, these include.
Charleston by James P. Johnson
Yes! We Have No Bananas (recorded by a lot artists that year)
Who’s Sorry Now by Lewis James
Down Hearted Blues by Bessie Smith
Lawdy, Lawdy Blues by Ida Cox
Southern Blues and Moonshine Blues by Ma Rainey
That American Boy of Mine and Parade of the Wooden Soldiers by Paul Whiteman and his Orchestra
Dipper Mouth Blues and Froggie More by King Oliver’s Creole Jazz Band, featuring Louis Armstrong
Bambalina by Ray Miller Orchestra
Swingin’ Down the Lane by Isham Jones Orchestra
Enjoy your public domain works!
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It all started with a mouse
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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.
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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.
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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.
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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!
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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
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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
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