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Poster: | jake@archive.org | Date: | Jan 4, 2011 4:38pm |
Forum: | movies | Subject: | 100 Movies In The Public Domain |
This post was modified by jake@archive.org on 2011-01-05 00:38:54
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Poster: | darkomaver | Date: | Jan 5, 2011 4:54pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | Video-Cellar | Date: | Jan 6, 2011 3:13am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by Video-Cellar on 2011-01-06 11:13:24
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Poster: | cooperway4 | Date: | Jan 6, 2011 8:17pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by cooperway4 on 2011-01-07 04:17:01
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Poster: | Video-Cellar | Date: | Jan 6, 2011 8:19pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
Effectively, the URAA provisons have only been ruled unconstitutional in respect of how they apply to one specific group of people in one specific jurisdiction within the US. This has neither repealed nor negated the laws in any of the other federal court jurisdictions in the US and has no impact on the use of these works by people who are not part of the specific group whose speech was impacted ("reliance parties" under the act.)
The statement that "In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain" is somewhat misleading because there is no such statute that reflects this. The idea that once PD always PD is based soley on historical principles and practices and not on specific laws.
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Poster: | cooperway4 | Date: | Jan 7, 2011 12:51am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
(6) The term “restored work” means an original work of authorship that —
(A) is protected under subsection (a);
(B) is not in the public domain in its source country through expiration of term of protection;
(C) is in the public domain in the United States due to —
(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;
(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or
(iii) lack of national eligibility;
(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country; and
(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording.
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Poster: | cooperway4 | Date: | Jan 6, 2011 9:25pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
So even assuming that the ruling is only jurisdictional or appealed, there would still have to exist a notice of intent.
And since neither restored work nor restoration have been defined, it makes the law useless.
What gets me is - why would someone care if the supposed rights' holders haven't even cared for well over a decade whether these movies are being viewed as public domain?
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Poster: | Video-Cellar | Date: | Jan 7, 2011 12:57am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by Video-Cellar on 2011-01-07 08:57:01
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Poster: | cooperway4 | Date: | Jan 7, 2011 1:19am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
Again I wonder - why would you care if the supposed rights' holders haven't even cared for well over a decade whether these movies are being viewed as public domain?
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Poster: | Video-Cellar | Date: | Jan 7, 2011 1:45am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
And the answer to your question is in my post immeadiately above.
"And, for the record, people who commenced using the work after 1 Jan 1996 are NOT "reliance parties". Instead, they are infringers of the restored copyright. There are many users of the Internet Archive who are concerned that the movies that they watch and download here are free from copyright. Many of them do not like the idea of becoming copyright infringers, even by accident."
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Poster: | fedup | Date: | Jan 7, 2011 3:27pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | cooperway4 | Date: | Jan 6, 2011 10:26pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | Video-Cellar | Date: | Jan 7, 2011 1:02am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by Video-Cellar on 2011-01-07 08:23:41
This post was modified by Video-Cellar on 2011-01-07 09:02:05
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Poster: | cooperway4 | Date: | Jan 7, 2011 12:48am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
17 U.S.C. § 104A (b) Ownership of Restored Copyright. — A restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work.
Were they the original rights holder?
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Poster: | Video-Cellar | Date: | Jan 7, 2011 1:02am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by Video-Cellar on 2011-01-07 09:02:55
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Poster: | Mystic550 | Date: | Jan 6, 2011 3:50pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | Video-Cellar | Date: | Jan 6, 2011 8:14pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by Video-Cellar on 2011-01-07 04:14:20
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Poster: | cooperway4 | Date: | Jan 6, 2011 8:23pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
144 min - Sep 17, 2006
video.google.com
I find it hard to believe that this has been available for over 4 years and no rights claimer has sought it's removal. So it's obvious that Warner doesn't own the rights even though they own the master print because anything they have rights to is caught faster than you can shake a stick.
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Poster: | Video-Cellar | Date: | Jan 6, 2011 8:37pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
Type of Work: Motion Picture
Registration Number / Date: RE0000409372 / 1988-12-29
Renewal registration for: LP0000019590 / 1960-12-31
Title: One-eyed jacks. By Pennebaker, Inc.
Copyright Claimant: David R. Baer (PWH)
Variant title: One-eyed jacks.
Names: Baer, David R.
Pennebaker, Inc.
Why hasn't the Google video version been removed by the copyright owner? Maybe because they put it there so people visiting the film's official website can watch it.
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Poster: | cooperway4 | Date: | Jan 8, 2011 6:45pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
Title: Hatari. By Malabar Productions.
Type of Work: Motion Picture
Registration Number / Date: RE0000459859 / 1989-12-27
Renewal registration for: LP0000022962 / 1961-12-31
Title: Hatari. By Malabar Productions.
Copyright Claimant: David R. Baer (PWH)
Variant title: Hatari.
Names: Baer, David R.
Malabar Productions.
is a fraudulent renewal while
Hatari. By Paramount Pictures Corporation and Malabar Productions, Inc.
Type of Work: Motion Picture
Registration Number / Date: RE0000479374 / 1990-01-02
Renewal registration for: LP0000022962 / 1961-12-31
Title: Hatari. By Paramount Pictures Corporation and Malabar Productions, Inc.
Copyright Claimant: Paramount Pictures Corporation (PWH)
Copyright Note: Entered under 17 USC sec. 703 C.O. correspondence.
Variant title: Hatari.
Names: Malabar Productions, Inc.
Paramount Pictures Corporation
is the real one. Maybe you should do more research first before claiming widely accepted public domain movies aren't.
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Poster: | Video-Cellar | Date: | Jan 8, 2011 7:29pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
One eyed jacks; love theme. m Paramount Pictures Corporation, employer for...
Type of Work: Music
Registration Number / Date: RE0000366164 / 1988-01-05
Renewal registration for: EU0000630122 / 1960-06-30
Title: One eyed jacks; love theme. m Paramount Pictures Corporation, employer for hire of Hugo W. Friedhofer.
Copyright Claimant: Famous Music Corporation (PWH)
Variant title: One eyed jacks
Names: Friedhofer, Hugo W.
Paramount Pictures Corporation
Famous Music Corporation
Love theme from One eyed jacks. m Hugo W. Friedhofer.
Type of Work: Music
Registration Number / Date: RE0000423771 / 1989-01-05
Renewal registration for: EP0000150281 / 1961-03-24
Title: Love theme from One eyed jacks. m Hugo W. Friedhofer.
Copyright Claimant: Famous Music Corporation (PWH)
Basis of Claim: New Matter: piano arr.
Variant title: Love theme from One eyed jacks
Other Title: One eyed jacks
Names: Friedhofer, Hugo W.
Famous Music Corporation
One eyed jacks. m Paramount Pictures Corporation, employer for hire of...
Type of Work: Music
Registration Number / Date: RE0000423694 / 1989-01-05
Renewal registration for: EU0000662308 / 1961-03-13
Title: One eyed jacks. m Paramount Pictures Corporation, employer for hire of Hugo W. Friedhofer.
Notes: Score.
Copyright Claimant: Famous Music Corporation (PWH)
Variant title: One eyed jacks
Names: Friedhofer, Hugo W.
Paramount Pictures Corporation
Famous Music Corporation
Louisa; love theme from One eyed jacks. w McKayla Morgan, m Paramount...
Type of Work: Music
Registration Number / Date: RE0000423734 / 1989-01-05
Renewal registration for: EU0000681187 / 1961-08-02
Title: Louisa; love theme from One eyed jacks. w McKayla Morgan, m Paramount Pictures Corporation, employer for hire of Hugo Friedhofer.
Copyright Claimant: Famous Music Corporation (PWH of Hugo Friedhofer)
Variant title: Louisa
Other Title: One eyed jacks
Names: Morgan, McKayla
Friedhofer, Hugo
Paramount Pictures Corporation
Famous Music Corporation
Louisa; love theme from One eyed jacks. w McKayla Morgan, m Paramount...
Type of Work: Music
Registration Number / Date: RE0000423733 / 1989-01-05
Renewal registration for: EU0000681187 / 1961-08-02
Title: Louisa; love theme from One eyed jacks. w McKayla Morgan, m Paramount Pictures Corporation, employer for hire of Hugo Friedhofer.
Copyright Claimant: McKayla Morgan (A)
Variant title: Louisa
Other Title: One eyed jacks
Names: Morgan, McKayla
Friedhofer, Hugo
Paramount Pictures Corporation
Reply [edit]
Poster: | cooperway4 | Date: | Jan 6, 2011 10:49pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
Here's another so-called official movie site. This guy has tons of them (okay, at least three). It appears he put movies he believes are public domain in them.
Not to mention all these people think One-Eyed Jacks is public domain: http://www.hometheaterforum.com/forum/thread/256423/one-eyed-jacks-will-paramount-ever-rescue-it-from-public-domain-hell
And once again I ask - why would someone care if the supposed rights' holders haven't even cared for well over a decade whether these movies are being viewed as public domain?
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Poster: | Video-Cellar | Date: | Jan 7, 2011 12:23am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | cooperway4 | Date: | Jan 7, 2011 12:45am |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
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Poster: | HektorT | Date: | Jan 23, 2011 4:07pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
This post was modified by HektorT on 2011-01-24 00:07:22
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Poster: | Video-Cellar | Date: | Jan 23, 2011 5:37pm |
Forum: | movies | Subject: | Re: 100 Movies In The Public Domain |
The copyright notice on original prints was "COPYRIGHT © 1960 by PENNEBAKER,INC." see below attachment.
Brother From Another Planet.
The film is covered by copyright, because it carried a valid notice, and could not be termed "Public Domain". However, as it was not registered, statutory damages are not available to the copyright owner. Many PD distributors are willing to take the risk on these films. However, that does not change the fact that they are copyright, not public domain, regardless to the limited penalties for use (the penalties are limited to actual damages and legal fees, which could be substantial if an infringement was taken to court).
Attachment: OEJ_Copy_Notice_1.jpg
Attachment: OEJ_Copy_Notice_2.jpg