From Betty Boop to Nancy Drew: How Your Business Can Cash In on Public Domain Day 2026
- Fiffik Law Group, PC

- Dec 30, 2025
- 4 min read

On January 1, 2026, a treasure trove of cultural icons from 1930 - including the original Betty Boop, Nancy Drew, and the debut of Disney’s Pluto - will enter the U.S. public domain. For businesses, this means the legal right to use, remix, and monetize these specific iterations of legendary characters and stories without paying licensing fees or royalties. While you must still navigate trademark laws, this "Class of 2026" offers a massive, cost-free opportunity for nostalgic marketing and creative brand storytelling.
What Does "Entering the Public Domain" Actually Mean?
Under U.S. law, works published in 1930 were protected for a 95-year term. When that clock runs out, the work is no longer the exclusive property of a studio or estate.
The Freedom to Use
You can copy, share, adapt, and build upon these works without paying royalties or asking for permission. You can turn a 1930s character into a digital mascot, use a classic jazz recording in a social media ad, or print vintage book illustrations on your merchandise.
The "Class of 2026": Who is Joining the Party?
2026 is bringing some of history's most recognizable icons into the fold:

Betty Boop
The original 1930 version of Betty Boop (debuting in Dizzy Dishes) enters the public domain. Note that her early design—which famously included floppy dog ears before she evolved into a human—is what becomes available.

Pluto (as "Rover")
Disney’s famous bloodhound first appeared in 1930 in the cartoon The Chain Gang. While his name wasn’t "Pluto" yet, this original iteration of the character is now fair game.

Nancy Drew
The first four mysteries in the iconic series—including The Secret of the Old Clock—enter the public domain. This opens the door for brands to lean into "detective" themes using these specific stories.

The Maltese Falcon
Dashiell Hammett’s hard-boiled masterpiece, featuring Sam Spade, becomes available for adaptation.

Musical Icons
Compositions for "Georgia on My Mind," "I Got Rhythm," and "Dream a Little Dream of Me" will be free to use (though be careful—specific recordings may still be protected).
How Businesses Can Use These Works in Marketing
The public domain allows you to leverage "nostalgia equity" without the high price tag of licensing. Here are three ways to use these 1930s works:
1. "Vintage" Social Media Content
Use clips from 1930s films like All Quiet on the Western Front or Animal Crackers (starring the Marx Brothers) to create high-engagement reels or TikToks. The aesthetic of the early 1930s is highly "remixable" and provides a sophisticated, retro vibe for modern brands.
2. Character-Based Merchandising
Small businesses can now create apparel, stationery, or digital assets featuring the 1930 versions of Betty Boop or Pluto. Because you don't need a license from Fleischer Studios or Disney for these specific iterations, you can integrate them into your product lines at a much lower cost.
3. Storytelling and Brand Mascots
Does your brand value perseverance? Use the imagery and text from the 1930 edition of The Little Engine That Could. Looking for a "mystery" angle for a product launch? Sam Spade or the early Nancy Drew can serve as the face of your campaign.
A Legal Warning: The Trademark Caveat
It wouldn’t be a blogpost from an attorney unless we gave you one major "Watch Out." While copyright expires, trademarks do not. Even if a character like Pluto is in the public domain for copyright purposes, Disney may still hold trademarks on the name or the brand of Pluto to prevent consumer confusion. To stay safe:
Focus on the Content: Use the original 1930s art and stories.
Avoid Brand Confusion: Don’t make it look like your product is an "official Disney" or "official Betty Boop" collaboration.
Stick to the 1930s Version: You cannot use elements added to these characters in later years (e.g., if a character got a signature hat in 1945, that hat is still under copyright).
Marketing Compliance Checklist: Using the "Class of 2026"
This guide is designed to help you navigate the transition from "copyrighted icon" to "public domain asset" without triggering a lawsuit.
1. Identify the "Source of Truth"
Before a single pixel is moved, verify that your team is using the 1930 version of the work.
Visuals: For Betty Boop, are you using the "poodle-ear" version from Dizzy Dishes? (Later, more human-like versions may still be protected).
Pluto: Are you using the bloodhound design from The Chain Gang? (Avoid using his modern green collar or specific traits added in later years).
Text: For Nancy Drew, are you strictly using the text from the first four books published in 1930? (Revised editions from the 1950s/60s may still be under copyright).
2. The Trademark "Safety Zone"
Trademark law protects brands, not just works. You can use the character, but you cannot use it in a way that confuses consumers about the source of your product.
No Logo Mimicry: Avoid using "Betty Boop" or "Pluto" in a font or style that mimics the official studio logos.
Disclaimer Inclusion: Consider adding a small-print disclaimer on merchandise: "This product is based on the 1930 public domain version of [Character] and is not affiliated with, sponsored by, or endorsed by [Original Studio]."
Primary Brand Focus: Ensure your own company logo is the most prominent element, so there’s no doubt who made the product.
3. Media & Performance Rights
Just because the "composition" is free doesn't mean the "file" is.
Music: If using "Georgia on My Mind," are you using a new recording? Remember: the 1930 sheet music is public domain, but a recording from 1960 is still protected.
Film Clips: Are you using the original 1930 edit? Be careful with "Remastered" or "Colorized" versions, as the company that did the restoration may claim a new copyright on those specific visual improvements.
4. Jurisdiction Check
US Only? If your marketing is global, remember that public domain status is country-specific. A work free in the U.S. may still be protected in the UK, France, or Japan. Consult local counsel if you plan to run international ads.
5. Documentation & Audit Trail
Proof of Date: Maintain a file with screenshots/links (like the Duke CSPD) proving the 1930 publication date of the specific asset you used.
Creative Review: Have a "Final Eyes" check to ensure no modern elements (e.g., Pluto’s modern personality quirks or 21st-century Betty Boop merchandise styles) crept into the design.

