This is a non-definitive list of films in the public domain in the United States. A number of films exist that certain cited sources believe are in the public domain in the United States. Being in the public domain refers to cinematic, dramatic, literary, musical, and artistic works that no government, organization, or individual owns, and as such is common property. This list is not comprehensive; the vast majority of public domain films are not included here for various reasons.
Note: Films in this list may incorporate elements from other works that are still under copyright, even though the film itself is out of copyright.
Copyrightable elements of a film
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There is no official list of films (or other works) in the public domain. It is difficult to determine the public domain status of a film because it can incorporate any or all of the following copyrightable elements:
- Cinematography
- Drama
- Literature
- Music
- Art
- Graphical characters (e.g., Bugs Bunny)
- Fictional characters (e.g., James Bond)
Film copyright involves the copyright status of multiple elements that make up the film. A film can lose its copyright in some of those elements while retaining copyright in other elements. Experts in the field of public domain sometimes differ in their opinions as to whether a particular film is in the public domain.
The use of music in a film can cause uncertainty with regard to copyright. As of 2010, it is not known whether the use of music in a film constitutes publication of the music for the purpose of copyright. Unpublished works are treated differently from published works under US copyright law.
Judicial interpretation of public domain
Judges, too, differ in their interpretation of the laws governing copyright protection. The United States is a “patchwork quilt†of inconsistent copyright rules in different federal judicial districts. The courts of one jurisdiction are not obliged to follow the decisions of another. The Supreme Court of the United States (which could resolve those inconsistencies) very seldom decides copyright cases, and then only when an important principle is involved.
Documenting public domain status
If a film appears on the list below, there is a high probability it has lost some or all of its United States copyright protection or in the case of U.S. government films, was never protected by copyright.
There is no single method for determining if a film, or parts of it, is in the public domain. There are several methods that can be used to document a film’s public domain status. These include the following:
Lack of renewal
Prior to 1988, all motion picture films published after 1909 with a copyright notice where the 28th year of copyright would occur before 1988, had to be registered and before the 28th year, the registration had to be renewed, or the copyright for the film would expire and it would enter the public domain. This would apply to all films registered for copyright prior to 1960. Copyright renewals became optional in 1988.
Missing or flawed copyright notice
Prior to 1978, films had to contain a valid copyright notice in order to claim copyright; at the bare minimum, the copyright notice had to list the word "copyright" (or, as an acceptable abbreviation, a circled C), the year of publication (which could not be more than one year ahead of the actual publication), and the name of the entity claiming the copyright. From 1978 to 1988, if a work was published without a notice, the creator had five years to claim a copyright by registering it with the U.S. Copyright Board.
For an example, note the case of the television series The New 3 Stooges, pictured. Episodes of the series were published with an incomplete copyright notice with a year and copyright symbol but no claimant. Had the series been published under the terms of the post-1988 Berne Convention, and automatic copyright granted, it would be an orphan work, since it would be unclear which of the three companies involved in its production; Cambria Studios, C3 Entertainment and Normandy Productions; could claim to own the series. Because it was published before the U.S. joined the Berne Convention, its laws requiring the claimant to be explicitly stated ensured the series immediately lapsed into the public domain.
Date of publication
All motion pictures made and exhibited before 1923 are indisputably in the public domain in the United States. Before the passage of the Copyright Term Extension Act (CTEA) in 1998, the term of copyright in the U.S. was a maximum of 75 years, with the work entering the public domain on January 1 of the 76th year from creation (so, for example, a film made in 1930 whose copyright was properly registered and renewed would enter the public domain on January 1, 2006). As such, all films released before 1923 would have entered the public domain by January 1, 1998. Although the CTEA added 20 years to the terms of all existing copyrights, it explicitly refused to revive any copyrights that had expired prior to its passage, meaning that films released in 1923 will not enter the public domain until January 1, 2019.
Work of the United States government
All copyrightable works made by United States government employees as part of their official duties are in the public domain from their creation. The status of works made by contractors is dependent on the terms of their contract. Note that this applies only to the federal government, and not to state or local governments, which may or may not claim copyright depending on state laws.
Determine copyright registration
Motion picture copyright registrations prior to 1978 were published in semi-annual Copyright Catalogs. The Library of Congress also published cumulative Copyright Catalogs of motion picture registrations for the periods
All are out of print. However, the Film Superlist series is a complete reprint of all registrations in the Copyright Catalogs for 1894 through 1959. There is no cumulative Copyright Catalog for 1970â€"1977; the Copyright Office published 16 semi-annual Copyright Catalog booklets covering that eight-year period, but all are out of print and extremely rare. All copyright registrations from 1978 onward are online at the Library of Congress website.
Some decades of The American Film Institute Catalog of Motion Pictures include copyright registration information for feature films (not shorts) of United States origin. This can include a statement that research failed to disclose copyright registration for a particular film. Copyright registration information is given in the following:
- The American Film Institute Catalog of Motion Pictures, 1931â€"1940; ISBN 0-913616-00-1
- The American Film Institute Catalog of Motion Pictures, 1941â€"1950; ISBN 0-913616-39-7
The United States copyright website catalogs all the works prior to 1978 that have been renewed. Several pieces of work have been renewed in the form of collections, thus giving the collection as a whole copyright protection.
Copyright renewal status
For films registered in 1923â€"1963 inclusive, it is essential to know the renewal status. The semi-annual Copyright Catalog booklets have virtually complete (at least 99.99%) lists of renewals for the films registered 28 years earlier. Those semi-annual booklets all are out of print. However, for 1923 through 1959, the Film Superlist books match copyright renewals with earlier registrations. Copyright registrations and renewals can be found in
- Film Superlist: Motion Pictures in the U.S. Public Domain 1894â€"1939 (Volume 1)
- Film Superlist: Motion Pictures in the U.S. Public Domain 1940â€"1949 (Volume 2)
- Film Superlist: Motion Pictures in the U.S. Public Domain 1950â€"1959 (Volume 3)
In 1992, Congress changed the copyright law to make renewal automatic for copyrights registered in 1964 and later.
Underlying rights
Many of the movies listed below are based on plays, novels, magazine stories or a combination of those sources. In some cases, a film’s copyright has lapsed because of non-renewal while the underlying literary or dramatic source is still protected by copyright. For example, the movie His Girl Friday (1940) became a public domain film in 1969 because it was not renewed, but it is based on the 1928 play The Front Page, which is still under copyright until 2024 and thus as a practical matter the film cannot be used without permission.
Films
All films that were released before 1923 are now in the public domain in the United States. They are not listed here in order to keep this list to a manageable size. See Category:Films by year for pre-1923 films.
See also
Notes
- G Public domain in the U.S. from creation as work of the United States government