A Filmmaker's Guide to the Public Domain
By ERMW Team
Thursday, January 16th, 2025
For filmmakers, the public domain is a treasure trove of resources ripe for inspiration and reinvention. By understanding and leveraging these freely available works, creators can unlock unique storytelling possibilities while navigating the complexities of copyright law.
What is the Public Domain?
Creative Commons' Public Domain Mark. (Yep, it’s in the domain!)
The public domain refers to creative works that are not subject to copyright protection. These works are free for anyone to use, adapt, and distribute without seeking permission or paying royalties.
This includes:
Works created before copyright laws existed: Many older books, paintings, and musical compositions fall into this category. In the USA, the first copyright law was enacted on May 31, 1790.
Works whose copyright has expired: Copyright terms vary by country and have changed over time. In the USA in 1790, it was 14 years, with the option to renew for another 14 years. Currently, copyright has expanded to the life of the author plus 70 years. (Read: “A Brief History of Copyright in the United States” by the US Copyright Office.)
Works created by the U.S. government: The U.S. government cannot hold copyright on its own works.
Works whose copyright owners have intentionally released them into the Public Domain.
Learn more in this short yet informative video by BTN High & ABC News In-Depth:
How Filmmakers Can Utilize the Public Domain:
Due to an error when titling the original film, “Night of the Living Dead” entered the public domain upon release, resulting in numerous adaptations, remakes, as well as a lasting legacy.
Source Inspiration: Explore Public domain literature, art, and music to spark new ideas for storylines, characters, and visual styles.
Incorporate Public Domain Elements:
Adapt classic literature: Reimagine timeless novels and short stories for the screen.
Sample public domain music: Use classical compositions or folk songs as background scores.
Incorporate public domain art: Use paintings, sculptures, and photographs as inspiration for set design, costumes, and visual motifs.
Create Homages and Parodies: Pay tribute to classic films or literary works while adding your own unique spin.
Access Historical Footage: Utilize archival footage of historical events for documentary or historical fiction projects.
Learn more about safely using the domain by watching this video by Honestly KDP and More on YouTube:
Important Considerations:
Following several successful lobbying attempts by Disney to extend copyright protections, Mickey Mouse joined the Public Domain after 95 Years in 2024. However, newer versions of Mickey Mouse developed by Disney are still protected by copyright and not in the public domain.
Thorough Research: Always double-check that a work is truly in the public domain.
Not All Licenses are the Same: CC0 (aka CC Zero) is a public dedication tool, which enables creators to give up their copyright and put their works into the worldwide public domain, while other types are less permissive. Creative Commons currently has six different license types, each with its own permissions. Visit their website to learn the distinctions: https://creativecommons.org/share-your-work/cclicenses/
Respect the Source Material: While you can use public domain works freely, it's important to acknowledge the original creators and avoid misrepresenting their work.
Be Mindful of Derivative Works: If a public domain work has been adapted or modified in a way that is still under copyright, you may need to obtain permission to use those elements.
10 websites to get public domain elements for your filmmaking projects:
Felix the Cat, created in 1919, is one of many iconic characters in the Public Domain.
Wikimedia Commons: A massive repository of images, sounds, and other media files, many of which are in the public domain or released under free licenses.
Library of Congress: Offers a vast collection of digitized materials, including photographs, maps, manuscripts, and audio recordings, with many in the public domain.
Internet Archive: A non-profit digital library with a huge archive of books, movies, software, music, websites, and more, including many public domain items.
Prelinger Archives: Specializes in ephemera, including home movies, educational films, and industrial films, many of which are rare and unique.
Public Domain Review: An online publication dedicated to exploring and celebrating cultural works in the public domain. Includes articles, images, and other resources.
Pixabay: A large collection of free stock photos, illustrations, and vector graphics, many of which are in the public domain or released under a CC0 license.
Unsplash: Another excellent source for high-quality free stock photos, with a focus on beautiful and inspiring imagery. Many images are in the public domain.
Pexels: Similar to Unsplash, Pexels offers a curated collection of free stock photos and videos, with a focus on ease of use.
National Archives: Provides access to a wealth of historical documents, photographs, and films related to the history of the United States.
Europeana: A digital platform that aggregates cultural heritage content from across Europe, including many public domain images, books, and other materials.
10 assets that are entering the public domain in 2025 in the United States:
"The Sound and the Fury" by William Faulkner: A groundbreaking modernist novel that revolutionized literary storytelling.
"A Farewell to Arms" by Ernest Hemingway: A poignant and powerful anti-war novel about love and loss during World War I.
"The Maltese Falcon" by Dashiell Hammett: A classic hard-boiled detective novel that helped define the genre.
"The Cocoanuts" (1929 film): A Marx Brothers comedy film, a landmark in early sound cinema.
"Blackmail" (1929 film): An early British sound film directed by Alfred Hitchcock, considered a pivotal work in his career.
"The Broadway Melody" (1929 film): One of the first successful talking pictures, a significant milestone in the history of cinema.
"Singin' in the Rain" (1952 film): A beloved musical comedy celebrating the transition from silent to sound film.
"Ain't Misbehavin'" (1929 song): A classic jazz standard with enduring popularity.
"Tiptoe Through the Tulips" (1929 song): A popular and recognizable song from the early sound era.
Popeye: The iconic cartoon character created in 1929, opening up new possibilities for adaptations and reinterpretations.
By embracing the wealth of resources available in the public domain, filmmakers can push the boundaries of creativity, experiment with new approaches to storytelling, and craft unique and impactful films that resonate with audiences. So, dive into the rich tapestry of public domain works, find inspiration, and let your imagination soar!
Lastly, please consider donating some of your own works to the domain so that others may benefit immediately rather than in 70+ years! You can donate your works easily on Wikimedia as well as many others listed above!