How to Find Out if a Film is in the Public Domain

As a filmmaker, figuring out how to find out if a film is in the public domain is an important step to take before using any footage or film audio in your own production. You might just assume that a film is public domain because it’s old. Or it was produced in a certain year. But due diligence is required when using footage in your own productions. This means you’ve got to do more than just assume a film is public domain. You’ve got to do your homework.

Learning how to find out if a film is in the public domain isn’t a difficult process, but it will require your diligence. For starters, you can’t just assume something and move on. To help you understand the process, we’ve put together a quick and easy guide.

Understand How Films Enter Public Domain

First, you must understand how a film comes to be in the public domain. There are a few ways for this to occur. The most common is copyright expiration. A motion picture copyright expires after 95 years.

However, early motion picture copyrights were different. In fact, films that were produced before 1964 were subject to different copyright terms. They were for 28 years and would have to be renewed after that.

No Copyright in Place

Some films are produced without ever being copyrighted in the first place. Films released without copyright notices are automatically public domain. 

Additionally, some films are never registered with the Library of Congress. Or have incorrect registrations and others have late registrations. Any of these instances can land a film in the public domain.

Do Your Research!

Before you can figure out how to find out if a film is in the public domain, you’re going to have to perform the appropriate research into the matter. Begin with researching the original production date of the film.

Films that were produced 95+ years ago are likely to be public domain. But even that is not guaranteed! Filmmakers can renew copyrights in some cases. Making a film that is 95 years old technically not public domain.

Prior to 1964

If the film you’re interested in was produced before 1964, there’s a chance the copyright has expired. Films from this era must have the copyright renewed in order for them to not become public domain.

This means the original copyright owner must request renewal. Or the individual to whom a copyright was left must do so.

Research Intellectual Property Rights

If you’re not sure about a particular film, consider researching the intellectual property rights involved in the motion picture.

You can check for copyright through the Copyright Clearance Center (CCC) website which will provide you with access to the original copyright holders for such intellectual property. But researching a motion picture copyright can pose some challenges for sure. 

Consider Using a Public Domain Resource 

Instead of researching to figure out how to find out if a film is in the public domain, consider using a public domain resource list that will connect you with films that are guaranteed to be public domain.

This is an excellent option if you’re unable to determine whether the film you’re interested in working with actually is public domain or not, but you might not find what you’re looking for.

While there are public domain resource lists such as this one and this one they will not necessarily tell you the films of yours that are public domain.

To figure out if a film is in public domain after you’ve tried to research a copyright, your next step is to consult with a legal aid which can perform further research into the matter. It’s a lengthy process, but due diligence is required!