Public domain film

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A public domain film is one that is not protected by copyright. A film can lack copyright protection for various reasons, but often it occurs following the end of a copyright term. Because copyright term varies by country, certain films might be public domain in one country but not another. For example, the film Metropolis entered the United States public domain in 2023, but under current EU copyright law, the film will remain under copyright in Germany and the rest of the European Union until the end of 2046, 70 years after Fritz Lang's death. [1]

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Due to the relatively shorter history of film compared to other artistic mediums the total number of films in the public domain is smaller. However, many films have become public domain because the copyright has expired, or they have been intentionally released by their creators.

Public domain film by country

Japan

In 2004, Japan extended its copyright protection of films from 50 years to 70 years. However, films released before 1971 remain under copyright until 38 years after the director dies. [2] [3]

In July 2006, following a lawsuit from Paramount Pictures, the Tokyo District Court ruled that films released before 1954 were in the Japanese public domain. [4]

In 2008, following a lawsuit from Toho over the distribution of Akira Kurosawa's films, the Intellectual Property High Court ruled that films released before 1971 would have their copyrights restored if the director died less than 38 years ago. [5]

United States

In the United States, motion pictures published before 1978 are copyrighted for 95 years. All motion pictures made and exhibited before 1929 are indisputably in the public domain in the United States. This date will move forward one year, every year, meaning that films released in 1929 will enter the public domain on New Year's Day 2025, films from 1930 on New Year's Day 2026, and so on. All copyrightable works made by United States government employees as part of their official duties are in the public domain from their creation. The status of works made by contractors is dependent on the terms of their contract. State or local governments, which may or may not claim copyright over their works, depending on state laws.

Another issue specifically affects copyright of foreign works in the United States. The Uruguay Round agreements on copyright led to the U.S. Congress re-imposing copyright on some items which had fallen into the public domain (in section 514 of the URAA Act), as of 1996.

In the course of changes made to both U.S. domestic law and international copyright agreements in the last two decades, some works which had fallen in the public domain had copyright restored in the U.S, and many others had new copyright protections placed on them for the first time. This was challenged on the grounds that works once in the public domain could not revert to copyright protection - a constitutional question. The see-saw course of court decisions on the matter has caused confusion, with many significant works (such as The Third Man ) changing status several times in a short period.

Specifically, from a holding published on 3 April 2009 to a reversal on 21 June 2010, re-imposition of copyright was not permitted. That brief period came after the 2001 American case Golan v. Gonzales was reconsidered in Golan v. Holder , which held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain. [6]

Initially, Judge Babcock held that the First Amendment was not applicable to resurrecting foreign copyright claims. This holding followed tradition in that the First Amendment (which protects against suppression of free speech by government) has always been held not to prevail against the earlier copyright clause (copyrights are generally held by persons, not the U.S. government). Subsequently, Babcock reversed himself on advice by a higher court that such an act by an arm of government (Congress) changed the traditional interpretation of copyright and should be subject to First Amendment scrutiny. That reversal was itself reversed on appeal and summary judgement granted for the government. Babcock's holding - that "In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain. Removing works from the public domain violated Plaintiffs’ vested First Amendment interests" - therefore no longer applies. In 2012, the United States Supreme Court decision in Golan upheld the ability of Congress to restore copyright to public domain works by international treaty.

Note that restored, subtitled, and dubbed versions of films can themselves be subject to copyright, even if other elements of the film are in the public domain. Thus even if a film dates from 1915 and as such is ineligible for copyright in the United States of America, a 2004 version with new visual or audio elements (including the addition of a new recording of the score of a silent film) may be itself eligible for a 2004 copyright to those new elements. Special features and packaging are themselves subject to copyright protection.

See also

Related Research Articles

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<span class="mw-page-title-main">Copyright Duration Directive</span>

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC).

The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author", rather than "never having occurred or existed before".

Golan v. Holder, 565 U.S. 302 (2012), was a US Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.

<span class="mw-page-title-main">Uruguay Round Agreements Act</span> US free trade law with implications for intellectual property

The Uruguay Round Agreements Act is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to foreign works that had previously been in the public domain in the United States.

<span class="mw-page-title-main">Copyright Act of 1909</span> US federal legislation

The Copyright Act of 1909 was a landmark statute in United States statutory copyright law. It went into effect on July 1, 1909. The 1909 Act was repealed and superseded by the Copyright Act of 1976, which went into effect on January 1, 1978; but some of 1909 Act's provisions continue to apply to copyrighted works created before 1978. It allowed for works to be copyrighted for a period of 28 years from the date of publication and extended the renewal term from 14 years to 28 years, for a maximum of 56 years.

<span class="mw-page-title-main">Copyright notice</span> Notice to inform consumers of claimed copyright ownership

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<span class="mw-page-title-main">Copyright Renewal Act of 1992</span> United States copyright law

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<span class="mw-page-title-main">Copyright Term Extension Act</span> United States copyright law

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<span class="mw-page-title-main">Public domain</span> Works outside the scope of copyright law

The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.

<span class="mw-page-title-main">Copyright Act of 1976</span> United States law

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976, and went into effect on January 1, 1978.

The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in the public domain.

<span class="mw-page-title-main">Public domain in the United States</span>

Works are in the public domain if they are not covered by the intellectual property right known as copyright, or if the intellectual property rights to the works have expired. Works automatically enter the public domain when their copyright has expired. The United States Copyright Office is a federal agency tasked with maintaining copyright records.

Copyright renewal is a copyright formality through which an initial term of copyright protection for a work can be extended for a second term. Once the term of copyright protection has ended, the copyrighted work enters the public domain, and can be freely reproduced and incorporated into new works.

The copyright status of The Wonderful Wizard of Oz and related works in the United States is complicated for several reasons. The book series is very long-running, and written by multiple authors, so the books often fall on opposite sides of eligibility for copyright laws. There have also been multiple adaptations across many different media, which enjoy different kinds of copyright protection. The copyright law of the United States has changed many times, and impacted Oz works every time. As of 2024, twenty-nine Oz books and five films are in the public domain. Starting in 2019, an Oz book has entered the public domain every year. Barring another extension of copyright terms, all of the Famous Forty will be in the public domain by 2059.

References

  1. "§ 65 UrhG - Einzelnorm". www.gesetze-im-internet.de. Retrieved 2023-04-29.
  2. "Argument for the Extension of the Copyright Protection over Cinematographic Works". Archived from the original on February 4, 2008. Retrieved March 14, 2008.
  3. "HDR Japan". Archived from the original on September 29, 2011. Retrieved March 14, 2008.
  4. "Paramount Pictures - Japanese Court Rules Pre-1953 Movies In Public Domain - Contactmusic News". Contactmusic.com. 2006-07-12. Retrieved 2010-12-05.
  5. "BeatRoute Magazine - Western Canada's Monthly Arts & Entertainment Source - Archives - Film - Kurosawa, the Emperor of Cinema". Beatroute.ca. Archived from the original on May 7, 2009. Retrieved 2010-12-05.
  6. Golan v. Holder , 565 U.S. 302 (2012).