Let’s get it out of the way: Tarzan.
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”* and it describes about how It’s a Wonderful Life got a copyright restoration. The Abend was the key for that to happen. A 5/8/2008 blog entry called “Infringement by Copying Public Domain Works” (on a no longer-updated Blogspot page called The Patry Copyright Blog) was written an IP attorney named William Patry**. That blog post talks about how Paramount Pictures used the Abend ruling on The Andy Griffith Show episodes 80-95.
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 the classic 1946 Christmas 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 can have over 120 years of federal and common-law copyright protections with the music. What’s also hectic is figuring when the 2nd copyright expires (for the movie itself, not necessarily the music).
It doesn’t help that Viacom has a label/division called Melange Pictures that has some USPTO-registered trademark on the classic film title. So, even if the copyright was not restored, one couldn’t do really do a much with it (play or movie re-make wise).
If I was an IP attorney, I would go on record saying “These said works are public domain and staying there. Also, even if the early entries of a book or TV series are still copyrighted, the later entries that didn’t have their copyrights renewed cannot be restored, except under a “Director’s Cut”-type situation. As such, *It’s a Wonderful Life *outside of derivative versions, should not be restored, as it legally expired. The Abend decision 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 a copyright restoration of It’s a Wonderful Life is public domain theft. Also, I question how SCOTUS could ever justify this being allowed should this info be presented to them”.
Now that my rants are out of the way, this is a question to the American copyright experts or attorneys here. I am asking for your personal opinion and not what any federal courts have ruled on such matters: how is it legal that a work that legally expired its copyright here get re-copyrighted? I thought the idea and rule was that goes in the American public domain stays.
*Legal Problem Solving: It's a Wonderful Life : Substantially Similar--A Blog on IP Issues, Writing and Film
**The Patry Copyright Blog: Infringement by Copying Public Domain Works