Public domain film

A public domain film is a film that was released to public domain by its author or because its copyright has expired.

Many pre-1954 Japanese films have passed into public domain in Japan. See Japanese Films copyright timeline.

Due to the U.S. Copyright Term Extension Act, no more films will automatically enter public domain in the United States until January 1, 2019, when the copyright will expire on films released in 1923 (and in 2020 films from 1924, and so on).

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

Another issue specific to the U.S. nonetheless impacts world copyright. The Uruguay Round agreements on copyright led to the U.S. Congress re-imposing copyright on some items which had fallen into the public domain (in section 514 of the URAA Act), as of 1996.

In the course of changes made to both U.S. domestic law and international copyright agreements in the last two decades, some works which had fallen in the public domain had copyright restored in the U.S. This was challenged on the grounds that works once in the public domain could not revert to copyright protection - a constitutional question. The see-saw course of court decisions on the matter have caused confusion, with many significant works (such as The Third Man) changing status several times in a short period.

Specifically, from a holding published on 3 April 2009 to a reversal on 21 June 2010, re-imposition of copyright was not permitted. That brief period came after the 2001 American case Golan v. Gonzales was reconsidered as Golan v. Holder. Since the Supreme Court of the U.S. (SCOTUS) has granted certiorari, we may expect a definitive answer on point soon; meanwhile, re-imposition of copyright stands.

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