A Public Domain question

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  • A Public Domain question

    I have a few questions on remaking films that are public domain.

    How do I secure the rights?
    who do I go to for securing the rights?
    Can I then copyright it so I maintain the rights?

    Thanks in advance

    Nicci

  • #2
    A Public Domain Question

    I'm not an entertainment lawyer, but have the following general advice:

    1. You cannot copyright a work in the public domain. You can use it all you want and you don't need to obtain permission from anyone.

    2. If you remake a movie in the public domain--one over 75 years old, by definition--you can use the original script but of course you can't copyright it. If you change it significantly enough that it is legally a new work (this is a question of fact that would be decided in court if it ever came to that), then you can copyright the new work. My advice would be to change the work enough so that it is definitely a new work, so that you can copyright it.

    Max Hardberger

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    • #3
      Re: A Public Domain Question

      The film "It's A Wonderful Life" is in the public domain.

      The story that it is based on is under copyright.

      In other words, get an entertainment lawyer to investigate the matter.

      As a side note, I would personally organize a boycott of anyone who remade a film and used the original script without due compensation and credit to the author even if it is in the public domain.

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      • #4
        Re: A Public Domain Question

        Actually, Scypt...I think It's A Wonderful Life is not in the public domain anymore. I can't recall the particular legal points, but if you recall it used to be on ALL THE TIME at Christmas on every station. Now I think NBC is the only one showing it. I'd love to know how it is that a movie that was in the public domain was 'pulled back'. Anyone know?

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        • #5
          Scrypto-

          Not being argumentative, just curious about this "Wonderful Life" thing. Copyright protection extends until 75 years AFTER the death of the work's creator. If a film was created by a studio or production company (its 'creator' for purposes of copyright), the studio or prodco would have to have be defunct for 75 years before the work would be public domain. Where did you find out about this?

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          • #6
            My info comes from some past experience in the stock footage and rights & clearances business.

            As far as I know, "It's a Wonderful Life" is still in the public domain. That is why everyone and their grandmother was allowed to air during the holidays. Also, think about how many times you have seen it used on televisions in movies.

            The fact that the original story it was based on is still under copyright allowed the studio (Republic?) to make a stand and "reclaim" their rights to the film. The score used in the film was also still under copyright. With these rights, the studio was able to lay claim to essential elements to a public domain film.

            While it was once worthwhile to air the film royalty-free, it is no longer worth it with the risk of possible lawsuit.

            Re: 75 years- You need to file the correct paperwork in the first place to get this protection and you wouldd be surprised how often this was bungled. Just ask George Romero.

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            • #7
              A Public Domain Question

              Warm--

              For works created before 1979 (which includes all works in the public domain at the moment), the copyright lasts up to 75 years after the year of first copyright (if the copyright was renewed), not 75 years after the death of the author. Since talkies weren't introduced until 1929 (The Jazz Singer), all movies in the public domain at the moment are silents.

              Scrypto--

              Why boycott someone doing something that is perfectly legal? There is a legitimate purpose behind public domain: to give the world full access to creative works after the creator and his immediate heirs have benefited. There are at least as many arguments FOR public domain as there are against.

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              • #8
                Re: A Public Domain Question

                Perfectly legal. Perfectly immoral.

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                • #9
                  Re: A Public Domain Question

                  Captmax-

                  Public Domain is a good thing and serves a definite public interest.

                  But the issue I referred to was a filmmaker who use the "original script" and remake a film as their own. For some reason this is reprehensible to me.

                  I can imagine this filmmaker suing the next person who uses that "original script" claiming copyright infringment.

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                  • #10
                    Re: A Public Domain Question

                    "...all movies in the public domain at the moment are silents."


                    Actually there are hundreds of sound features from the 1930's to the 1960's in the public domain now.

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                    • #11
                      Re: A Public Domain Question

                      Scrypto -

                      Thanks for clearing that up.

                      Capt. -

                      As I wasn't filing copyrights before 1979 -- I take it the the "75 years after the death of the author" was added in '79?

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                      • #12
                        Re: A Public Domain Question

                        thanks for the advice. I think I will consult a lawyer.

                        If I do use the original script I would of course cmpensate the writer or family if they are still alive. I think I would feel pretty bad if I didn't.

                        thanks again

                        Nicci

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                        • #13
                          Owned by Republic Pictures

                          "It's A Wonderful Life" is in the public domain, but the underlying rights are not (the story itself) which is owned by Republic Pictures.

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