How Does a Film Fall Into Public Domain?

As a filmmaker, finding film footage and other resources that can be incorporated into your productions represents a key area of importance. One where failure to do your research could get you into hot water. That’s because most films and other forms of intellectual property are protected by U.S. copyright laws. And any use of such property without permission represents plagiarism. However, certain creative works fall into a designation of what is known as public domain. But how does a film fall into public domain? And what does this mean exactly?

What is Public Domain?

Under intellectual property laws public domain represents a particular designation of creative works. One in which there is no copyright interest. No person, government, or organization holds any property interest in films that fall into the designation of public domain.

This means that these creative works are not owned or controlled by anyone in particular. In fact, films that fall into public domain may be used by any filmmaker, business owner, or individual without any need to seek permission. 

Public domain does permit films and other creative works for use freely by anyone and everyone wanting to use the content. But it’s still important for filmmakers to take steps personally to determine whether a film is in fact public domain.

So as to prevent any legal troubles regarding plagiarism. Especially since copyright laws vary by country and might be different outside of the U.S.

How Does a Film Fall Into Public Domain?

Knowing that films which are designated public domain can be used openly and without restriction is great. But exactly how does a film fall into public domain? 

Technically, a film falls into a protected status and its protectable life begins at the date of copyright registration, upon its first in-notice date, or upon an initial commercial showing. 

Copyrighted films remain protected for a period of 95 years from the first publication or for a term of 120 years from creation. 

Prior to 1926

Films made prior to 1926 are automatically protected for a period of 95 years, and each year on “Public Domain Day” films from 95 years prior are released from protected status into public domain.

Films fall into public domain when the copyright expires after 95-120 years or when copyright is otherwise forfeited, waived or otherwise inapplicable to the creative works. 

Some creative works are designated as public domain by their artists or authors, in these instances copyright is explicitly waived. 

In Summation

So how does a film fall into public domain? A film becomes public domain when either the copyright to the film expires after a period of time designated by U.S. Copyright laws which is generally 95 years.

Once a film falls into public domain it becomes free to use or show in any capacity. And without any restrictions or potential risks of violating copyright law for plagiarism or undesignated use.