List of films in the public domain in the United States
Most films are subject to copyright, but those listed here are believed to be in the public domain in the United States. This means that no government, organization, or individual owns any copyright over the work, and as such it is common property.[1] This list is not comprehensive; the vast majority of public domain films are not included here for various reasons. Films in this list may incorporate elements from other works that are still under copyright, even though the film itself is out of copyright.
There is no official list of films (or other works) in the public domain. It is difficult to determine the public domain status of a film because it can incorporate any or all of the following copyrightable elements:
Film copyright involves the copyright status of multiple elements that make up the film.[4] A film can lose its copyright in some of those elements while retaining copyright in other elements.[4] Experts in the field of public domain sometimes differ in their opinions as to whether a particular film is in the public domain.
The use of music in a film can cause uncertainty with regard to copyright. As of 2010, it is not known whether the use of music in a film constitutes publication of the music for the purpose of copyright.[5] Unpublished works are treated differently from published works under US copyright law.[6]
Judicial interpretation of public domain[edit]
Judges, too, differ in their interpretation of the laws governing copyright protection. The United States is a "patchwork quilt" of inconsistent copyright rules in different federal judicial districts. The courts of one jurisdiction are not obliged to follow the decisions of another.[7] The Supreme Court of the United States (which could resolve those inconsistencies) very seldom decides copyright cases, and then only when an important principle is involved.