Public domain film
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A public domain film is one that is not protected by
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
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] Furthermore, works originally published or created in 1952 saw their copyright expire at the start of 2023.[4]
In July 2006, following a lawsuit from Paramount Pictures, the Tokyo District Court ruled that films released before 1953 were in the Japanese public domain.[5]
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.[6]
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-
Night of the Living Dead entered the public domain immediately upon release due to having an improper copyright notice
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Fear and Desire entered the public domain after its copyright was not renewed
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Wings (1927 film), the first film to win the Academy Award for Best Picture, entered the public domain in 2023 following the end of its 95 year term
Re-imposing copyright following Uruguay Round
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
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
Note that
See also
- List of films in the public domain in the United States
- List of countries' copyright length
- Public domain
- Public domain music
- Public Domain Day
References
- ^ "§ 65 UrhG - Einzelnorm". www.gesetze-im-internet.de. Retrieved 2023-04-29.
- ^ "Argument for the Extension of the Copyright Protection over Cinematographic Works". Archived from the original on February 4, 2008. Retrieved March 14, 2008.
- ^ "HDR Japan". Archived from the original on September 29, 2011. Retrieved March 14, 2008.
- ^ "WIPO Lex". www.wipo.int. Retrieved 2023-04-29.
- ^ "Paramount Pictures - Japanese Court Rules Pre-1953 Movies In Public Domain - Contactmusic News". Contactmusic.com. 2006-07-12. Retrieved 2010-12-05.
- ^ "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.
- ^ Golan v. Holder, 565 U.S. 302 (2012).