Intro: federal courts have ruled that pre-1972 sound recordings fully become public domain from federal and state/common law copyright protections) on 2/15/2067*. So, even though an American film may be public domain because of lack of renewal, the soundtrack is still copyrighted. So, even if a 1946 American film failed to renew its copyright or lapses its current 95-year protection, it still has a layer of copyright protection via soundtrack until that date.Thus, it have over 120 years of federal and common-law copyright protection with the music.
-John T. Aquino is an author and attorney representing Maryland and D.C. He has 3/30/2012 blog entry called “Legal Problem Solving: It’s a Wonderful Life” (johntaquino.com/Blog--Substantially-Similar.html…) and it describes about how “It’s a Wonderful Life” got a copyright restoration. The Abend case is also mentioned.
American media companies or literary estates often lobbies Congress or bribes (for lack of a better word) a Congress member to side with a copyright bill works in that company or estate’s favor. While Congress or SCOTUS might claim such decisions are done to adhere to international copyright/trade agreements, I think it’s really so estates or companies can have a work’s copyright last longer than it should.
If I had the resources, I would sue Paramount over this copyright. Of course, SCOTUS is likely going to side with Paramount. However, were my way to be met, Paramount Pictures loses all copyrights (music included) to this classic film, outside of something like a “Director’s Cut” version. The story would make front page national news (USA Today, L.A. Times, etc.). Then, the Walt Disney Company would be wise to take note.
My view is that even though the short story it was based off of was renewed, “It’s a Wonderful Life” cannot be restored (outside of derivative versions) because it legally expired. The Abenddecision and similar rulings should apply only to derivative works that are currently copyrighted. If filming a “Transformers” movie in a theater with your iPhone is copyright theft, then copyright restoration of “It’s a Wonderful Life” is public domain theft.
I question a SCOTUS ruling on a copyright bill or duration unless they said “these said works are public domain and staying there.” Thus, I ask the responses be based on your interpretation of copyright law and the Constitution. To the copyright experts here, how is said restoration even legal?
*Thus, a Tarzan movie will get an even longer protection term.