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Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Clear out junk files and repair common Windows errorsFree Scan →Yes—but not all of Mario at once. Under U.S. law, individual Mario-related works can enter the public domain when their own copyright terms expire. A game, a character depiction, music, and artwork may have different terms. Nintendo also identifies Super Mario as a trademark, which raises a separate issue from copyright. No single public-domain date for the entire Mario franchise is established here.
Why there is no single public-domain date for Mario
Copyright applies to particular works, not to a franchise as one indivisible object. A Mario game and the music, artwork, character depictions, manuals, and other material associated with it may involve distinct copyrights. The term for each work depends on facts such as when it was created, when it was first published, who authored it, and how it is legally classified.
Nintendo’s official history lists Super Mario Bros. in 1985, and a Nintendo interview with the game’s original developers says it was released in September 1985. Those dates establish historical context; they do not by themselves calculate the term for every element in that game or establish a date for later Mario works. Nintendo’s official history and developer interview provide the dates.
How long does U.S. copyright last?
For most works created on or after January 1, 1978, the general U.S. rule is copyright protection for the author’s life plus 70 years. For an anonymous or pseudonymous work, or a work made for hire, the general term is 95 years from first publication or 120 years from creation, whichever expires first. The U.S. Copyright Office summarizes these rules in its explanation of copyright duration.
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Applying either rule to a specific Mario work requires identifying the work and establishing the relevant authorship, creation, publication, and classification facts. The game’s 1985 release date alone is not enough to calculate an expiration date, and it cannot determine when every related work enters the public domain.
What public domain would allow—and what it would not settle
The Copyright Office explains that when copyright expires, a work becomes part of the public domain and anyone can use it without permission from the author. That principle applies to the particular work whose term has expired; it does not automatically clear other protected material that may appear alongside it. The Office also notes that trademark or patent laws might apply in some circumstances. See The Lifecycle of Copyright.
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Why trademark is a separate question
Nintendo says its copyrights cover material such as software, music, game visual displays, and game characters. It also lists Super Mario among its widely recognized trademarks. Copyright and trademark address different legal questions: copyright concerns protected creative works, while trademark concerns source-identifying names, logos, and branding. Expiration of copyright in a particular work therefore does not, by itself, resolve every question about using a Mario name, logo, or branding. Nintendo describes its position in its intellectual-property FAQ.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What about outside the United States?
This answer concerns U.S. copyright law. Other countries can apply different rules, and a U.S. term calculation does not establish a worldwide public-domain date. Anyone planning a release or other use across borders needs to consider the relevant countries’ laws and rights separately.
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