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Post #1199690

Author
ElectricTriangle
Parent topic
Info Wanted: A question about public domain works...
Link to post in topic
https://originaltrilogy.com/post/id/1199690/action/topic#1199690
Date created
23-Apr-2018, 3:22 PM

captainsolo said:

Essentially when dealing with PD titles it is the new restoration or version that can be copyrighted but anyone else is free to make their own release or version from the non-restored still PD materials or whatever they get a hold of.

Again, in the US at least, there is ample legal precedent that establishes that you can’t re-copyright a restoration, because the basis of copyright is originality. Now, you can re-copyright a remixed soundtrack or an extended cut of a PD film, because those are creative decisions, but a faithful restoration, no matter how much work is involved, cannot be copyrighted. It is not a new creative work or a derivative work. Some restoration houses register their restorations with the copyright office, but based on current legal precedent those copyrights would not hold up in court.
Here are some examples from earlier in the thread:
http://originaltrilogy.com/post/id/1186550/action/topic#1186550
http://originaltrilogy.com/post/id/1186553/action/topic#1186553