Are Public Domain Films with Ancillary Rights Still Free to Use?

The use of public domain films with ancillary rights is a major point of concern for filmmakers. They know that public domain films are generally free to use, but what about those with ancillary rights? Are public domain films with ancillary rights still free to use as part of the public domain. And if so, what is the process?

What is Public Domain?

Public domain represents the unique archive of films and footage. Ones that can be used without a license or release from copyright.

The films and other works that fall into public domain are those which either were never copyrighted in the past, those whose copyright has expired and was not renewed, or those which are more than 95 years old and are no longer protected by a copyright.

Before a filmmaker uses any film, public domain or not. They check the copyright and use due diligence to ensure they have checked for any such rights or licensing requirements.

What are Public Domain Films with Ancillary Rights?

If you’re wondering, “are public domain films with ancillary rights still free to use?” You’re probably first wondering what ancillary rights are? 

When a film has ancillary rights it means that there are rights related to the exploitation of property in ways that are different from the original format.

For example

If a film is public domain, ancillary rights could refer to the creation of merchandise related to the film such as t-shirts or coffee mugs with the film logo or saying.

Ancillary rights could mean the right to produce things like a sequel to a film or a book adaptation. Ancillary rights include things like soundtrack recordings, web series, and television series too. 

Are public domain films with ancillary rights still free to use? 

In determining whether a public domain film with ancillary rights can be used for free, you must first determine the extent of the ancillary rights and any copyright that goes along with such.

If a film has entered public domain, ancillary rights are also part of public domain at that time unless any such copyright can be found lasting longer than the original.

Generally speaking, films in public domain with ancillary rights can be used for free. Along with the ancillary rights to the film.

In Summary

This means that you can generally create merchandise or other products and projects from films that are in the public domain. So are public domain films with ancillary rights still free to use?

The short answer is, yes. Most of the time but the longer answer is that you should always use due diligence in researching copyright ownership before you create any works using copyrighted or previously copyrighted materials.