OT: Yet another copyright question.

RalphM wrote on 7/29/2010, 10:03 AM
In the USA, if public domain footage (specifically archival footage from WWII) has been recorded by a third party on a DVD or some other video source such as YouTube, does the third party have an ownership claim to that footage?

If the third party has invested $$ in restoring the film, etc. I can see where it would be unfair to benefit from their efforts, however, it's not usually possible to determine whether they have done this.

RalphM

Comments

musicvid10 wrote on 7/29/2010, 10:13 AM
I think the "third party" in your question ostensibly owns the rights to the the particular adaptation (including restoration) of the work, but not the work itself. That is my understanding of US interpretation.

A rough analogy is, a Beethoven piano concerto is public domain, but a performer's recording of it is protected.

Perhaps a better analogy is, Ken Burns usually doesn't own the historical photos in his series, but his adaptation and treatment of them is protected, thus you can't use his material in your own without permission.

However, if the footage is truly public domain, you should be able to find it available through libraries or at archive.org

If it involves using someone else's print, as always, the best thing to do is ask.
Jay Gladwell wrote on 7/29/2010, 10:39 AM

Ralph, I did a doc a few years back that required footage from WWI. Did the research (very time consuming), paid the fee (not cheap, but not expensive) to Library of Congres for the dupe and used the footage. The footage that was used in the final edit (again time consuming) was specific to that project. So there was a sizeable "investment" in both time and money in the footage. Yes, the original footage was public domain, but the final edit was mine.

Now, put your self in my shoes. After having gone through all that and seeing the footage you researched, paid for, and edited in someone else's program, how would you feel?


RalphM wrote on 7/29/2010, 12:12 PM
I would agree that using someone else's edit is definitely a theft of their creative work. What I'm talking about is unedited sections, but there again, there may have been considerable work done to improve the footage.

I note with agreement that just because it is public domain does not mean that it was obtained at no cost.

thanks for the thoughts,
RalphM

musicvid10 wrote on 7/29/2010, 12:27 PM
"What I'm talking about is unedited sections, but there again, there may have been considerable work done to improve the footage."

I tried, at some length, to answer that to the best of my knowledge.

As always, please consult an Intellectual Property Attorney for any and all legal advice.