Public Domain

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Films that are not protected by copyright are forfeited into the public domain where they are free to be used without royalties. Because of this, these films were often featured on such shows as Elvira's Movie Macabre and Mystery Science Theater 3000 as they cost nothing to license.

Overview

 
As a legal concept, the term "public domain" refers to works and intellectual properties that are either not protected by copyright law, whose copyrights have expired, or whose copyrights were forfeited. Works produced by governments are also considered to be in the public domain of their respective countries.

Application to film

 
Films, like any other creative work, may also end up in the public domain. There are several ways this can happen. The first is through the date of publication. All films created before 1923 in the United States indisputably entered the public domain in 1998 when the Copyright Term Extension Act specifically omitted these films from a 20 year copyright extension. 
 
The second instance of a film entering the public domain is if it was created by a government. Specifically, all films created by the US Government automatically entered the public domain upon publication. Many other governments adhere to this rule, and as such most government propaganda films are in the public domain. 
 
The third most common instance is failure to renew copyright. All films produced between 1923 and 1963 held copyrights that were not automatically renewed. If the copyright holder did not renew said rights, the film was automatically forfeited into the public domain. 
 
Finally, there are several special cases that can cause a film to enter the public domain. Some early exploitation film directors did not seek copyright protection due to the slapdash nature of the productions, and these films eventually came under the public domain. One more notable special case involves George Romero's original Night of the Living Dead, which is missing the original copyright notice, and therefore automatically entered the public domain.
 
Because a film either has to be incredibly old, propaganda, or unprotected by copyright to qualify for the public domain, films that fall under the public domain are often of poor quality. The public domain includes many z-movies, including the infamous Manos: The Hands of Fate and Ed Wood's Plan 9 From Outer Space. These films were not considered of a high enough quality by the rights holders to warrant copyright protection. However, both The Cabinet of Dr. Caligari and Metropolis, two films that are considered cornerstones of filmmaking, are in the public domain due to their age. Public domain films are also noteworthy for their appearance on shows such as Mystery Science Theater 3000 and Elvira's Movie Macabre, due to their poor quality and royalty-free use.
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