Public Domain

What is it?

The public domain refers to creative works that are not protected by intellectual property rights and are therefore available for public use and distribution without the need for permission from the copyright holder. This may be because the rights have expired, been waived, forfeited, or were inapplicable from the beginning of the work’s existence. Examples of works in the public domain include works by classical authors such as William Shakespeare, as well as older films, music, and other forms of media.

Determining public domain status for films

In the United States, a film is considered to be in the public domain if it meets one of the criteria listed under copyright law. The public domain status of a film is important as it determines who has the right to distribute, display, or perform the work.

The public domain status of a film can be determined by the following factors:

1. Date of Production: If a film was produced prior to 1926, it is generally considered to be in the public domain. This is because copyright law at the time only protected works for 28 years, with the option added later to renew for an additional 28 years. The copyright laws have changed several more times over the years with current public domain laws stating that any new films have copyright protections for 95 years.
2. Renewal of Copyright: If a film was produced between 1926 and 1978, its copyright status is dependent on whether or not the copyright was renewed. If the copyright was not renewed, the film is considered to be in the public domain.
3. Copyright Protection under US Law: Some films may not be eligible for copyright protection under US law, and therefore automatically fall into the public domain. For example, films created by the US government are not subject to copyright protection.

In conclusion, determining if a film is considered to be in the public domain in the United States requires a careful examination of its production date, renewal of its copyright, and its eligibility for copyright protection under US law.