Buzz
Since the inception of cinema, countless films have been produced in the United States, making it inevitable that some, even renowned classics, would slip through the cracks.
Modern movie studios employ teams of copyright attorneys to protect their intellectual property, but this level of control wasn’t always the norm. Consequently, numerous films have entered the public domain, offering a treasure trove for cinephiles.
These films range from studio productions with lapsed copyrights to indie projects with credit errors, and some have even sparked fascinating legal debates. From legendary horror films to silent masterpieces, here are 11 movies and the intriguing tales behind their public domain status.
1. THE GOLD RUSH (1925)
Regarded as one of Charlie Chaplin’s most celebrated films (and a personal favorite of Chaplin), The Gold Rush has two distinct versions, one of which is fully in the public domain. The original film’s copyright renewal was never completed, causing it to enter the public domain in 1953. However, Chaplin reworked the film in 1942, adding a new score and narration. While the original footage remains public domain, Chaplin’s 1942 additions are protected under copyright.
2. THE GENERAL (1926)
Considered one of Buster Keaton’s finest silent comedies, The General has a release history similar to The Gold Rush. The original film became public domain in 1956 after its copyright lapsed. However, a modified version was released in 1953 by distributor Raymond Rohauer, featuring new edits, music, and an introduction. While Rohauer’s version is copyrighted, Keaton’s original work remains freely available in the public domain.
3. A STAR IS BORN (1937)
The original A Star Is Born is the only version of the three (soon to be four with a 2018 remake) that resides in the public domain. Produced by the iconic David O. Selznick under Selznick International Pictures, the film changed hands multiple times after its release. As Selznick’s studio dissolved, the rights transferred to financier John Hay Whitney, who later sold them to Film Classics, Inc. in 1943. When its theatrical rerun value diminished, Film Classics sold it to producer Edward L. Alperson, who aimed to remake it. Alperson then sold the rights to Warner Bros. in 1953, leading to the 1954 remake starring Judy Garland and James Mason. Amid these transactions, the copyright renewal was overlooked.
4. HIS GIRL FRIDAY (1940)
His Girl Friday is a renowned public domain film with a unique caveat
5. IT’S A WONDERFUL LIFE (1946)
This beloved Christmas classic is arguably the most famous public domain film, yet it airs exclusively on NBC each holiday season. While the film technically remains in the public domain, it gained partial copyright protections in the 1990s. In 1974, Republic Pictures failed to renew the copyright, placing the film in the public domain. However, in 1993, Republic used a Supreme Court ruling to reclaim rights by asserting copyright over the original story, “The Greatest Gift” by Philip Van Doren Stern, and the film’s music. This allowed them to regain control, leading to an exclusive broadcasting deal with NBC that continues to this day. While the film is still public domain, altering it significantly would require changing its music and structure—something few would desire.
6. MARCH OF THE WOODEN SOLDIERS (1950)
The status of March of the Wooden Soldiers is a unique case, as some argue it might not truly be in the public domain. The film began as Babes In Toyland, a 1934 Laurel and Hardy feature based on Victor Herbert’s operetta. In 1950, distributor Lippert Pictures re-released the film after financial maneuvering, trimming some scenes and renaming it March of the Wooden Soldiers to attract wartime audiences. However, Lippert neglected to include a copyright notice for the new title. While the original Babes copyright was renewed, March was never copyrighted, leading many to treat it as a public domain film.
7. THE LITTLE SHOP OF HORRORS (1960)
A hallmark of Roger Corman’s low-budget filmmaking, The Little Shop of Horrors was produced quickly and inexpensively (reportedly shot in just two days). Corman focused solely on its initial theatrical release, never foreseeing its future popularity. As a result, he didn’t copyright the film. Over the next two decades, it gained a cult following through repeated TV airings and later inspired a successful musical, which was adapted into the popular 1986 movie.
8. CHARADE (1963)
Stanley Donen’s acclaimed thriller remains celebrated for its sharp screenplay and Hitchcock-inspired direction, but a critical oversight led it to become one of the most notable public domain films. The final print included the notice “MCMLXIII BY UNIVERSAL PICTURES COMPANY, INC. AND STANLEY DONEN FILMS, INC. ALL RIGHTS RESERVED,” yet omitted the word “right” or the copyright symbol. This error went unnoticed by both the print lab and Universal, causing the film to enter the public domain upon its release.
9. MCLINTOCK! (1963)
McLintock!, a standout among the five collaborations between John Wayne and Maureen O’Hara, is not only a public domain film but also the center of a notable legal dispute. Batjac Productions, Wayne’s company, held the initial copyright, which lapsed in 1991. In 1996, Batjac tried to copyright two screenplay drafts and sued GoodTimes Home Video, which had released the film on VHS after it entered the public domain in 1993. Batjac argued that the screenplay’s copyright should extend to the film. However, a U.S. District Court ruled that the film’s release constituted publication of the screenplay, rejecting Batjac’s claim. The Ninth Circuit Court upheld this decision in 1998.
10. MANOS: THE HANDS OF FATE (1966)
Manos is infamous for its poor quality, remaining obscure until Mystery Science Theater 3000 famously ridiculed it in a 1993 episode. This exposure catapulted the film into cult status among fans of so-bad-they’re-good movies. The original film lacks a copyright notice, placing it in the public domain, though its status has become more complex in recent years.
In 2011, Ben Solovey, a film school graduate and collector, found an unedited work print of Manos and launched a fundraising campaign to restore it. He later copyrighted his restored version, which debuted on Blu-ray in 2015. Joe Warren, son of the film’s writer and director Harold Warren, contests this copyright and the film’s public domain status, citing a copyright notice he discovered in 2013 on the original screenplay. The dispute remains unresolved, and Warren has filed to trademark the film’s title, threatening several fan projects. As of February 2017, a fundraising initiative was ongoing to oppose Warren’s trademark claim.
11. NIGHT OF THE LIVING DEAD (1968)
Under 1960s copyright laws, films were required to display the release year, copyright owner, and the copyright symbol (or the word “right”) on the final print. When The Walter Reade Organization agreed to distribute Night of the Living Dead, originally titled Night of the Flesh Eaters, a legal conflict over the title forced a change. However, the distributor neglected to include the copyright notice on the new print, causing the film to enter the public domain immediately.
Additional SourcesThe Public Domain: How to Find & Use right-Free Writings, Music, Art & More, by Stephen Fishman, J.D.
The New Poverty Row: Independent Filmmakers as Distributors, by Fred Olen Ray
Night of the Living Dead: Behind the Scenes of the Most Terrifying Zombie Movie Ever, by Joe Kane
“Forgotten Faces: Why Some of Our Cinema Heritage Is Part of the Public Domain,” by David Pierce (Film History, Vol. 19, No. 20)
This article was originally published in 2017 and has been updated.
