Public domain film

Last updated

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]

Contents

Due to the relatively shorter history of film compared to other artistic mediums the gross amount 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

Due to Japan's copyright term of life of the author+70 years, all works from directors who died in 1953 have entered the public domain. This includes many pre-1954 Japanese films that now have passed into the public domain in Japan. [2] [3] [4] Furthermore, works originally published or created in 1952 saw their copyright expire at the start of 2023. [5] See Japanese Films copyright timeline.

For films released before 1971, the copyright lasts for 38 years after the director's death. [6]

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 have 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. [7]

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

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

Eldred v. Ashcroft, 537 U.S. 186 (2003), was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). The practical result of this was to prevent a number of works from entering the public domain in 1998 and following years, as would have occurred under the Copyright Act of 1976. Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions.

A work made for hire, in copyright law in the United States, is a work that is subject to copyright and is created by employees as part of their job or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term and so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work. In the United States and certain other copyright jurisdictions, if a work is "made for hire," the employer, not the employee, is considered the legal author. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.

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.

The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.

The Jordanian Copyright Law and its Amendment No. (22) for the year 1992 is based on the Berne Convention for the Protection of Literary and Artistic Works and does not contain a definition of copyright; however in Article (3) it clearly states that the law offers legal protection to any kind of original work in literature, art and science regardless of the value or purpose of the work.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

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

The Sonny Bono Copyright Term Extension Act – also known as the Copyright Term Extension Act, Sonny Bono Act, or (derisively) the Mickey Mouse Protection Act – extended copyright terms in the United States in 1998. It is one of several acts extending the terms of copyright.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as author' rights or makerright.

Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1970, the copyright term also spans 38 years after the director's death.

<span class="mw-page-title-main">Limitations and exceptions to copyright</span> Provisions which allow for copyrighted works to be used without a license from the copyright owner

Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.

<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.

References

  1. "§ 65 UrhG - Einzelnorm". www.gesetze-im-internet.de. Retrieved 2023-04-29.
  2. "Paramount Pictures - Japanese Court Rules Pre-1953 Movies In Public Domain - Contactmusic News". Contactmusic.com. 2006-07-12. Retrieved 2010-12-05.
  3. "Argument for the Extension of the Copyright Protection over Cinematographic Works". Archived from the original on February 4, 2008. Retrieved March 14, 2008.
  4. "HDR Japan". Archived from the original on September 29, 2011. Retrieved March 14, 2008.
  5. "WIPO Lex". www.wipo.int. Retrieved 2023-04-29.
  6. "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.
  7. Golan v. Holder , 565 U.S. 302 (2012).