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Author Topic: Copyright on Public Domain DVDs?  (Read 688 times)

Andromedan

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Copyright on Public Domain DVDs?
« on: 08-10-10 at 10:58 am »

I'm wondering why I'm seeing copyright statements on public domain dvds, because everything I read about public domain content implies that is not possible. For instance on the DVD of Bells of San Angelo, a public domain movie, theres the following statement:

"The copyright proprietors have licenced this film (including its soundtrack) comprised in this DVD for home use only. All other rights are reserved" etc etc

How??

"Any unauthorized copying, editing, exhibition, renting, exchanging, hiring, lending, public performance, diffusion and/or broadcast of this DVD or any part thereof is strictly prohibited and any such action establishes liability for a civil action and may give rise to criminal prosecution"

How??

Am I missing something? When a studio takes public domain footage, does work on it and makes it into a DVD, can they put copyright on it?
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BobRoberts

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Re: Copyright on Public Domain DVDs?
« Reply #1 on: 08-10-10 at 11:13 am »

"... For instance on the DVD of Bells of San Angelo, a public domain movie, theres the following statement:

"The copyright proprietors have licenced this film (including its soundtrack) comprised in this DVD for home use only. All other rights are reserved" etc etc

... When a studio takes public domain footage, does work on it and makes it into a DVD, can they put copyright on it?"

I'll take a stab.  I'm not sure what you mean regarding these two statements - "public domain movie" and "public domain footage"

For example, has the movie been created/published for more than the protectable copyrighted time period?  And is it now being republished with no changes whatsoever, and now newly copyrighted (or indicated to be protected by copyright)? If so, and if absolutely no changes were made, then it should be public domain.

Or, is public domain footage being used/arranged to create a DVD?  In this case, the arrangement of photos/footage, narrative, music, etc.  of the DVD itself may be copyrighteable (in essence the DVD as a whole), whereas any public domain images/footage on the DVD would no longer be protected by copyright and would remain in the public domain.

Just some thoughts.  Not to be construed as legal advice.
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Andromedan

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Re: Copyright on Public Domain DVDs?
« Reply #2 on: 08-10-10 at 11:41 am »

Hey Bob, thanks for replying.

I mean absolutely nothing different with footage or a movie, it’s my mistake. I’m simply talking about a movie that’s in the public domain, and of which a DVD has been made. I’ve seen it on more than one DVD of a movie that’s in the public domain.

“Or, is public domain footage being used/arranged to create a DVD?  In this case, the arrangement of photos/footage, narrative, music, etc.  of the DVD itself may be copyrighteable (in essence the DVD as a whole), whereas any public domain images/footage on the DVD would no longer be protected by copyright and would remain in the public domain.”

That’s the thing. The movie itself is claimed to be copyrighted with that statement. That’s what troubles me. I’m sure I’m missing something here, but it doesn’t make sense at all. There are so many DIVX and MP4 copies and whatnot floating around the Internet that are legal to share, and so many copies from DVDs of public domain movies that can just be sold.

On another DVD is saw an FBI warning. Same problem, it’s a public domain movie. Now I get it if secondary content on the DVD is copyrighted, or something in that sense, but the movie and soundtrack itself is claimed to be. I’m sure it’s patched up, mastered perhaps even.


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Yak

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Re: Copyright on Public Domain DVDs?
« Reply #3 on: 08-10-10 at 12:39 pm »

Was the DVD digitally remastered or some other video/audio improvement?
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Andromedan

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Re: Copyright on Public Domain DVDs?
« Reply #4 on: 08-10-10 at 12:53 pm »

Was the DVD digitally remastered or some other video/audio improvement?

I believe so.

Edit:

I've searched everywhere for days now and I just stumbled on some info in a discussion somewhere.

It seems to be possible to claim copyright if you add something to the public domain material. What a strange thing.

This would mean that only the original material is in the public domain, or anything worked on that has not a claimed copyright on it.
« Last Edit: 08-10-10 at 03:21 pm by Andromedan »
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