I've always been curious about what it means for a movie to enter the public domain. A few years ago I sent a mail to Planet Money in what I thought would be an interesting hook but never got a response:
"Hi Planet Money, today is public domain day. I see that Fritz Lang's classic Metropolis is now in the "public domain." I was curious what that meant at a practical level for a German language silent film.
If Planet Money Movies wanted to release their own version of Metropolis, how would they do it? Can you just go to Amazon, buy the Blu Ray, and somehow release your own? What about the anti-piracy measures on the Blu Ray? What about the work that Transit Film did in restoring the film from the original negative? Does that count as some sort of newly original work? It's a silent film and a foreign film. How does the soundtrack and translation work?
If you have to make a new copy from the original reels, what if someone is hoarding them? Does that mean you could buy all the copies and prevent someone from releasing a public domain version?"
> If Planet Money Movies wanted to release their own version of Metropolis, how would they do it? Can you just go to Amazon, buy the Blu Ray, and somehow release your own?
Yes.
For example, wikipedia has a copy of Metrpolis and that's basically what happened
A work being in the public domain just means that if somebody claims that they have the copyright and sue you for distributing that work, you will prevail in court.
Restoration itself does not grant a new copyright. Other elements included in a restoration may be copyrighted e.g. new music or the graphic design of intertitles. A new translation is also copyrightable; essentially it's only the "original elements" that enter the public domain. Working around the anti-piracy measures of a blu-ray might be a crime, idk, but that's irrelevant to the copyright discussion; once you have a copy even if it came from an 'illicit' source, you're free to copy & distribute as you wish.
But yes, you need to acquire a copy first; if you can't find a work at all, how would you copy it, practically?
Amazon Prime Video in fact has multiple low-quality versions of some films that have accidentally found their way into the public domain due to negligence of rightsholders, like John Wayne's McLintock!
> If you have to make a new copy from the original reels, what if someone is hoarding them? Does that mean you could buy all the copies and prevent someone from releasing a public domain version?"
This part at least, yes. A work being in the public domain doesn't mean someone is obligated to help you redistribute it.
The article mentions that Charlie (Bird) Parker's music is now public domain in most of the world (life + 70 years), but most of his records are collaborations with other artists like Dizzy Gillespie who died much later, less than 50 years ago. I also wonder if that even matters if the records are owned by corporations.
In those cases, how would I know if a record is public domain or not?
Sort of like how the movie Charade staring Carry Grant and Audrey Hepburn is public domain (due to failure to file back when that was required in the 1970's) but the soundtrack is not. So the music is in the pubic domain only when played in the movie but played separately the music is still protected.
The records themselves are likely still copyrighted due to the collaborations, but you are free to record your own performance of the songs on said records.
You don't. It's all nonsense so unless you are planning on doing something official with the material just pirate it. Copyright went far beyond lunacy decades ago and should be ignored if possible.
I've always been curious about what it means for a movie to enter the public domain. A few years ago I sent a mail to Planet Money in what I thought would be an interesting hook but never got a response:
"Hi Planet Money, today is public domain day. I see that Fritz Lang's classic Metropolis is now in the "public domain." I was curious what that meant at a practical level for a German language silent film.
If Planet Money Movies wanted to release their own version of Metropolis, how would they do it? Can you just go to Amazon, buy the Blu Ray, and somehow release your own? What about the anti-piracy measures on the Blu Ray? What about the work that Transit Film did in restoring the film from the original negative? Does that count as some sort of newly original work? It's a silent film and a foreign film. How does the soundtrack and translation work?
If you have to make a new copy from the original reels, what if someone is hoarding them? Does that mean you could buy all the copies and prevent someone from releasing a public domain version?"
> If Planet Money Movies wanted to release their own version of Metropolis, how would they do it? Can you just go to Amazon, buy the Blu Ray, and somehow release your own?
Yes.
For example, wikipedia has a copy of Metrpolis and that's basically what happened
https://en.wikipedia.org/wiki/File:Metropolis_(1927).webm
A work being in the public domain just means that if somebody claims that they have the copyright and sue you for distributing that work, you will prevail in court.
Restoration itself does not grant a new copyright. Other elements included in a restoration may be copyrighted e.g. new music or the graphic design of intertitles. A new translation is also copyrightable; essentially it's only the "original elements" that enter the public domain. Working around the anti-piracy measures of a blu-ray might be a crime, idk, but that's irrelevant to the copyright discussion; once you have a copy even if it came from an 'illicit' source, you're free to copy & distribute as you wish.
But yes, you need to acquire a copy first; if you can't find a work at all, how would you copy it, practically?
Amazon Prime Video in fact has multiple low-quality versions of some films that have accidentally found their way into the public domain due to negligence of rightsholders, like John Wayne's McLintock!
> If you have to make a new copy from the original reels, what if someone is hoarding them? Does that mean you could buy all the copies and prevent someone from releasing a public domain version?"
This part at least, yes. A work being in the public domain doesn't mean someone is obligated to help you redistribute it.
How does copyright work with recorded music?
The article mentions that Charlie (Bird) Parker's music is now public domain in most of the world (life + 70 years), but most of his records are collaborations with other artists like Dizzy Gillespie who died much later, less than 50 years ago. I also wonder if that even matters if the records are owned by corporations.
In those cases, how would I know if a record is public domain or not?
There's a copyright for the music itself, but then each recording has its own copyright. Fun, isn't it? https://en.wikipedia.org/wiki/Sound_recording_copyright_symb...
Sort of like how the movie Charade staring Carry Grant and Audrey Hepburn is public domain (due to failure to file back when that was required in the 1970's) but the soundtrack is not. So the music is in the pubic domain only when played in the movie but played separately the music is still protected.
The records themselves are likely still copyrighted due to the collaborations, but you are free to record your own performance of the songs on said records.
You don't. It's all nonsense so unless you are planning on doing something official with the material just pirate it. Copyright went far beyond lunacy decades ago and should be ignored if possible.
Perhaps most famously, "Betty Boop" is now public domain:
https://reason.com/2026/01/01/betty-boop-enters-the-public-d...
Just like with "Steamboat Willie" Mickey, it's only the very first iteration of the character.
The Swallows and Amazons series is wonderful! Highly recommended.
Related:
What will enter the public domain in 2026?
https://news.ycombinator.com/item?id=46117112