Filmmaking / Directing : The Public Domain - How can I exploit it? by Joseph Bartone

If they're public domain, go for it.

That means films made before 1928 in US.

American films made before 1964 are currently in the public domain if their copyrights were not renewed 28 years after they were made. Films registered between 1928 and 1963 had to have their copyrights renewed for them not to enter the public domain. In 1966 Congress prepared a new copyright law that extended protection to 75 years from the date a film was released.

https://www.loc.gov/free-to-use/public-domain-films-from-the-national-fi...

what about the sound and music that appear in a public-domain film? Is that free to use

Interesting, what I had read was that it was the same as for books.

It's really hit and miss so you have to be careful.

Look at the history of "It's a Wonderful Life." In the 1980s it was believed that the film had fallen into public domain and could be used by anyone. After a lengthy court battle it was ruled that when the film went in to public domain the rights for the music purchased for use in the film, "Buffalo Gal" went back to their original owner. The only way to use it then was by either removing some key scenes or paying the copyright to the music. After still more hearings it was decided that since the film was based on a short story that the studio still owned they got the rights back after all.

Be careful what you use and have the money to back it up.

here is something interesting. The soundtrack is a separate entity from the film. So it has its own copyright protection. But an LP is only 37 minutes long. So they’re in variably is music in a film that does not appear in the “soundtrack “record. That music, along with the dialogue and sound effects, would be considered public domain.