Are Theatrical Trailers Public Domain? (1 Viewer)

regionalunity5 · Jul 28, 2012

It's a good question and one that I need to know for the same reasons as you. Like you, I have been "told" that theatrical trailers are in PD. I would like to line up 6 of them for a "Fun" trailer to my feature presentation. Like you, I need to cover my ___ just to make sure I don't get sued!

DeWilson · Jul 28, 2012

regionalunity5 said:
It's a good question and one that I need to know for the same reasons as you. Like you, I have been "told" that theatrical trailers are in PD. I would like to line up 6 of them for a "Fun" trailer to my feature presentation. Like you, I need to cover my ___ just to make sure I don't get sued!

My best previous post is still relevant http://www.hometheaterforum.com/t/293282/are-theatrical-trailers-public-domain#post_3610727

Mark Oates · Jul 28, 2012

While I agree with the lawyers on this thread to seek legal advice, I'd say the cheapest and soundest temporary standpoint would be to err on the side of caution. In other words "are theatrical trailers public domain?" NO.

DeWilson · Jul 30, 2012

Mark Oates said:
While I agree with the lawyers on this thread to seek legal advice, I'd say the cheapest and soundest temporary standpoint would be to err on the side of caution. In other words "are theatrical trailers public domain?" NO.

Er, that's like saying "No Works are in the Public Domain"
As stated before, HOFFHEINZ vs. A&E identifies a trailer as a separate work from the film ,and thus would fall under the same guidelines under the copyright laws as an individual work, requiring it's own copyright registration.
So if a trailer meets the guidelines of being in the public domain as with any work - never registered with the 28 year window,registered but not renewed, or missing-incorrect-malformed copyright notice not corrected in the proper time-frame- it's in the public domain.
Anyone seeking legal advice will be told these same facts as they come straight from the copyright office.

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