Copyrights & Remakes - Films in the Public Domain

Ki-Ki

Ki-Ki

Veteran
From an interview listed here:

http://www.mjsimpson.co.uk/interviews/andrewjones2012.html

One of the opening paragraphs explains how they were able to re-create a fairly popular flick, and use it to there advantage because it was in the public domain.
“The original 1968 film fell into the public domain after the original distributors failed to put a copyright notice on the original prints of the movie. This has resulted in various distributors around the world being able to release the film without a licensing fee and for producers to be able to remake it. Obviously this isn't particularly pleasing to the filmmakers behind the original film and there are many fans of the original who have criticised filmmakers and distributors who take advantage of the public domain status. I understand the criticism but all of the filmmakers behind the original film have gone on to have successful careers and are now multi-millionaires as a result of success they've achieved with their subsequent films. So it's not like by using that title we're pissing on people who are in poverty."
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I didn't know you could do that.

Does that mean there's a list of films out there in the public domain that people can re-create, get picked up and get distributed a lot easier?
 
pretty sure you can do this, but its not as simple as just forgot to put copyright on film. would look more into this.
Night of the Living Dead by george romero is rumored to be such, but i wouldnt want to test it
 
Ki-Ki said:
That's interesting. I wonder how these guys got away with selling to Lions' in that case.
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As per the page I linked to:
Under the current copyright law (which governs works published on or after January 1, 1978), copyright arises automatically, as soon as the work is fixed in a tangible medium of expression ... but notice was still required until March 1, 1989.
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So pre-1989 a notice was required or it fell into public domain...So the people that did the film you mentioned were legal. Anything after 1989 without a notice on it is not public domain.
 
So pre 1989, it's as simple as watching the flick' and re-writing it, filming it, then advertising it for distribution?

No specialities, no laws, nothing necessary?
 
Ki-Ki said:
So pre 1989, it's as simple as watching the flick' and re-writing it, filming it, then advertising it for distribution?

No specialities, no laws, nothing necessary?
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ONLY if it's public domain! And no, it's not 1989, it's 1978.

What Andrew is pointing out a unique and very rare exception -- those films that forgot or neglected to put a copyright notice in. If there's a copyright notice in it, then it's not public domain. If there's no notice of copyright and it was issued prior to 1978, then it may very well fall into the public domain (as "Night of the Living Dead" did). But there are many many films made prior to 1978 that are all still very fully protected by copyright, because they had the proper copyright notice attached.
 
Another thing to remember is that if somebody else already re-did a film that fell into public domain, they will hold copyright on their new film. Then by proceeding with a new version of the public domain film you may (or may not) infringe on their copyright, because the already made re-make may be extremely similar to the original.
 
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I think the interesting thing with public domain films is who holds onto the proper source elements? Just briefly looking at the wiki page on the film's public domain status, since there are 4 distinct Blu-ray releases, for example, one would assume that they needed to go back to at least passable elements. There's obviously tons of film prints out there that they can scan, but I suppose the easiest location for the best elements would be the Library of Congress' copy.
 
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