hershon2000 Posted December 16, 2004 Share Posted December 16, 2004 Can someone please spell this out for me as I am quite confused as to what constitutes a public domain movie and what doesn't because I may try to release some of these in small amounts in the future if it is a simplified process. Here's what I know and/or don't know and am totally confused so someone please clarify for me. 1. If a movie is over 50 years old does that make it automatically a public domain movie with no one holding the copyright? 2. If so, then why did I get cease and desist letter a few years ago, for trying to sell an old WC Fields Movie "The Man on The Flying Trapeze" that Ebay claimed Turner Classic Movies owned the rights too? I am totally confused. Is there a wen listing of public domain movies? If not, how does one know if a movie is public domain or not? Thanks for any answers. Link to comment Share on other sites More sharing options...
venerados Posted December 16, 2004 Share Posted December 16, 2004 I don't know why exactly certain films become public domain. Being over 50 defintely doesn't qualify. www.retrovideo.com lists a lot of movies in the PD. I assume you can use any of those with impunity. Link to comment Share on other sites More sharing options...
sagebrush522 Posted December 16, 2004 Share Posted December 16, 2004 This is a message I posted awhile ago which is a brief explanation of the copyright laws relating to films. It's a bit confusing but basically the rules are that films made prior to 1923 are in the public domain. Films made from 1923 to 1963 originally had a 28 year copyright but that could be extended for 47 year which has now been extended to 67 years. So a 1923 to 1963 films could have a 95 year copyright. However, if the film was not renewed within the initial 28 years, the copyright was lost. That's what happened to Father's Little Dividend which was made in 1951 and whose copyright was allowed to lapse by MGM in 1978 through, I would presume, some kind of clerical error. For films made between 1964 - 1977 there is an automatic extension of the copyright at the 28 year mark so they all have a 95 year copyright. Post 1977 films have a copyright of 95 also. Ariel Link to comment Share on other sites More sharing options...
hershon2000 Posted December 16, 2004 Author Share Posted December 16, 2004 Thanks for the info But I'm a little unclear There are a bunch of movies & TV shows made in the 40's, 50's, 60's being sold for $1 at Walmart, Target etc. on DVD because these are public domain films. You imply there are no public domain films. I'm confused. Link to comment Share on other sites More sharing options...
sagebrush522 Posted December 17, 2004 Share Posted December 17, 2004 Hi, I don't know about the films at Walmart for $1. I've looked at them but never noticed whether they were in our out of public domain. My point was that the pre 1923 films are all in the public domain. 1924 to 1963 films may or may not be in the public domain depending on whether their copyright was renewed before the expiration of 28 years after they were made. All post 1963 films are NOT in the public domain. Also, I should add that a few films like A Wonderful Life, which fell into the public doman, have been taken out of the public domain by companies who figured out how copyright elements of the film. Ariel Link to comment Share on other sites More sharing options...
hershon2000 Posted December 17, 2004 Author Share Posted December 17, 2004 Let's take a Peter Lorre movie like "Crack-Up". Let's say I'd like to try to put it out on DVD. How do I know if its still copyright or not? Link to comment Share on other sites More sharing options...
sagebrush522 Posted December 17, 2004 Share Posted December 17, 2004 The 1936 film? The film was made by Twentieth Century Fox. You need to ask them. I certainly wouldn't assume that it's in the public domain. Ariel Link to comment Share on other sites More sharing options...
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