Can a movie in the public domain be used?

[notinmybackyard]

I'm going to check with a lawyer!!

However, I'm just wondering if anyone has ever used footage from a public domain movie.

[CaptainHowdy]

Doesnt public domain means yes ? ?

[Bladewire]

So OP is now officially old, broke, bitter & stupid

[notinmybackyard]

Originally Posted by CaptainHowdy

Doesnt public domain means yes ? ?

Under normal circumstances, I wouldn't be worried.

But once you start stuffing some porn chick's cunt with 2 cocks then things have a bad habit of becoming a double standard. Especially considering that I intend to broadcast over the public airwaves.

[jsmih]

The movie being in the public domain basically means the copyright has expired. However, depending on the state, the actors may still have publicity rights. If they still do, you might need a release allowing you to use their likeness for commercial purposes.

[2MuchMark]

Yes you're allowed to use public-domain content. You can distribute as-is or you can use it in a mash-up. Want to broadcast over the air? Maybe check with the CRTC before trying that. https://crtc.gc.ca/eng/home-accueil.htm

[celandina]

Public domain is applicable ONLY to movies made before 1925 ( 75 years) or 28 years after the release if the copyright was not renewed,

[newB]

Another thing to keep in mind, though, is whether or not you are attempting to use the original public-domain content.

For the sake of argument, let's say you want to use "Debbie Does Dallas" which is in public domain. So after doing some searching you find a really good copy. However, it's really good because someone digitally remastered it. By making significant changes to the original, they can now claim copyright to their new and improved work.

[blackmonsters]

Good luck finding a movie that is public domain that you'd even want to use.

[Busty2]

The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.

An important wrinkle to understand about public domain material is that, while each work belongs to the public, collections of public domain works may be protected by copyright. If, for example, someone has collected public domain images in a book or on a website, the collection as a whole may be protectable even though individual images are not. You are free to copy and use individual images but copying and distributing the complete collection may infringe what is known as the “collective works” copyright. Collections of public domain material will be protected if the person who created it has used creativity in the choices and organization of the public domain material. This usually involves some unique selection process, for example, a poetry scholar compiling a book—The Greatest Poems of e.e. cummings.

There are four common ways that works arrive in the public domain:

the copyright has expired
the copyright owner failed to follow copyright renewal rules
the copyright owner deliberately places it in the public domain, known as “dedication,” or
copyright law does not protect this type of work.



As of 2019, copyright has expired for all works published in the United States before 1924. In other words, if the work was published in the U.S. before January 1, 1924, you are free to use it in the U.S. without permission. These rules and dates apply regardless of whether the work was created by an individual author, a group of authors, or an employee (a work made for hire).
Because of legislation passed in 1998, no new works fell into the public domain between 1998 and 2018 due to expiration. In 2019, works published in 1923 expired. In 2020, works published in 1924 will expire, and so on.
For works published after 1977, if the work was written by a single author, the copyright will not expire until 70 years after the author’s death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies.

[jsmih]

Article on copyright versus publicity rights, and how they're on different clocks. Copyright expiration timing starts with creation of the work, publicity expiration starts with death of the person in the work.

The rights of publicity and privacy ... when should you be concerned?

[2MuchMark]

Originally Posted by celandina

Public domain is applicable ONLY to movies made before 1925 ( 75 years) or 28 years after the release if the copyright was not renewed,

Not true. George Romero's "Night of the Living Dead" made in 1968 is public domain and has been since the movie was made. https://www.plagiarismtoday.com/2016...public-domain/