Night of the Living Dead -- public domain, or not (Copyright Extension Act) ?

Randall_Oelerich

Randall_Oelerich

Veteran
Anybody have a handle on the Copyright Term Extension Act (ceta) and how it would e.g. apply to the public domain film Night of the Living Dead? Because I am wanting to use some footage from NOTLD in an indie film, but not if it violates copyright.

I always thought NOTLD was public domain (as I thought 'Last Woman on Earth' was too),
https://en.wikipedia.org/wiki/Night_of_the_Living_Dead
then I learn of the copyright extension act and it is all confusing?!?!?
https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
 
I remember in University we used NOTLD to remix in whatever way we saw fit. They told us we could use this film because it was public domain. I'm assuming my professor had to be really sure of this, specially because we did public screenings of this work off campus at local theaters in San Francisco. Although that was in 2005.
 
The extension act wouldn't apply to NOTLD because it never had a copyright. Due to an error, the copyright notice wasn't placed with the title of the film when it was changed from NIGHT OF THE FLESH EATERS. At the time, if you didn't have a copyright notice on your work it lapsed immediately into the public domain. This was changed in the 70's, but not retroactively so NOTLD remains public domain. I'd use a copy from archive.org just to be safe. If you take it from a blu-ray or dvd, I believe they can copyright if they alter the film slightly.
 
Batutta said:
The extension act wouldn't apply to NOTLD because it never had a copyright. Due to an error, the copyright notice wasn't placed with the title of the film when it was changed from NIGHT OF THE FLESH EATERS. At the time, if you didn't have a copyright notice on your work it lapsed immediately into the public domain. This was changed in the 70's, but not retroactively so NOTLD remains public domain. I'd use a copy from archive.org just to be safe. If you take it from a blu-ray or dvd, I believe they can copyright if they alter the film slightly.
Click to expand...

That is what I was hoping, thinking. Also good idea about archive.org because i know filmmakers can put dots and such on frames to sort of watermark films, and that could be on a blu ray or dvd sold commercially. I will go with archive.org!
 
Randall_Oelerich said:
That is what I was hoping, thinking. Also good idea about archive.org because i know filmmakers can put dots and such on frames to sort of watermark films, and that could be on a blu ray or dvd sold commercially. I will go with archive.org!
Click to expand...

Just keep in mind I'm not a copyright lawyer, so this is my best assessment from what I've read.
 
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