Can I Use Public Domain in a Short Film?

As a filmmaker, using footage from the public domain is a common technique which prevents the need to obtain a license and otherwise obtain clearance. Public domain represent archived footage that can be incorporated into a project without the need to obtain a license. But can I use public domain in a short film?

This is a question that many filmmakers have.

What is Public Domain?

Public domain refers to an archive of creative materials. Ones not protected by intellectual property laws. Such as trademarks, patents or copyrights which generally protect this type of material. 

Essentially, the public domain represents a wide array of material that is not copyrighted or otherwise protected by various rights or regulations. 

Works that are included in the public domain can be used without obtaining permission.

For example

If a script is included in public domain, a filmmaker could produce the script without seeking a license first to do so.

Additionally, public domain items are free to use. It does not require price negotiations between the owner and the filmmaker wishing to use the content.

How Works Enter Public Domain

There are several ways in which content can become public domain. First, you must understand intellectual property laws and the way a copyright works. In the United States, a copyright expires after a set duration of time.

For books, copyrights expire after 70 years; for motion pictures, copyrights expire after 95 years. Therefore, a book that is copyrighted once will reach public domain 70 years later.

Certain Circumstances

However, copyrights can be renewed under certain circumstances allowing for additional years prior to the copyrighted material entering public domain.

These are not the only items in public domain, though. Works produced by the U.S. federal government can also be found in the public domain.

These works are not protected by a copyright and, therefore, are public domain. Additionally, some works are not copyrighted because they do not have a tangible, written format.

For example

Jazz music is often considered public domain. Because it is unique and original without any real written music to accompany it. Works such as lectures, speeches, and other improvised works are also considered public domain for this purpose.

Works created prior to March 1989 that do not include a proper copyright notice are also part of public domain. As are works that lack sufficient originality. This includes things like lists, tables, and other public documents.

Can I Use Public Domain in a Short Film?

So, you’re wondering, “Can I use public domain in a short film?” The answer is, YES! You can use public domain in a short film project. In fact, public domain works are valuable for use in your film projects regardless of the length.

Many filmmakers opt to use public domain works in their short films. In order to cut down on the amount of time and money put into a short film production. 

Save Time

By including public domain works in the film, you’ll reduce the time spent tracking down copyright owners, negotiating permissions to film, and further reducing the costs involved in the production.

Public domain includes a wide variety of footage, files, and factors that can come into play for your short film project.

Public domain works are not under copyright protection. Which means you can use, and reuse the work in projects without asking permission. Or otherwise paying anything for a license to incorporate the works into your short film projects. 

In Summary

The next time someone asks, “Can I use public domain in a short film?” Make sure you answer – YES! Public domain can, and should, be used in short film projects to save time, and money.