When Will the 1940 Pride and Prejudice Film Enter the Public Domain?

Understanding when a work enters the public domain can be a complex process. This article delves into the specific circumstances of the 1940 film adaptation of Pride and Prejudice, examining copyright renewal and the expiration of copyright protections.

The Concept of Public Domain

The public domain refers to creative works that are not protected by intellectual property laws such as copyright, trademark, or patent. Once a work falls into the public domain, it can be freely used, modified, and distributed without the permission of the original creator(s).

U.S. Copyright Law and Renewal

In the United States, the 1940 Pride and Prejudice film had a renewed copyright, which extended the protection period. According to U.S. copyright law, a work's copyright duration is 95 years after its first publication. For works created by a corporation, as is the case with this film, the copyright protection period is 95 years from the first publication or from the first date on which the work was registered with the U.S. Copyright Office and the copyright was filed.

The film's copyright protection period ended at the end of 2035, as it was first published in 1940.

United Kingdom Copyright Law

Copyright law in the United Kingdom operates on a different timeline. For a work created before January 1, 1969, the copyright duration lasts until the end of 70 years after the death of the author. However, if the work involves multiple authors, the copyright duration extends to 70 years after the death of the last surviving author.

In the case of the 1940 Pride and Prejudice film, the key individuals involved are the director, writer, and composer. Director RZ Leonard died in 1968, while screenwriters Aldous Huxley and Jane Murfin passed away in 1963 and 1955, respectively. The composer, Herbert Stothart, died in 1949. Therefore, the copyright would expire 70 years after the death of Herbert Stothart, which would be in 2019. However, given the renewed copyright in the U.S., the film remains under protection in 2023.

European Union Copyright Law

The European Union follows a similar principle to the U.S., with a 95-year copyright term for works created before January 1, 1978. For works created after that date, the copyright duration is 70 years after the author's death. Since the 1940 film pre-dates 1978, it falls under the 95-year protection period, which ends in 2036.

So, in the European Union, the 1940 Pride and Prejudice film will enter the public domain in 2036. This is consistent with the U.S. copyright terms but differs from the United Kingdom's copyright law.

Related Cases and Legal Frameworks

The Copyright Term and the Public Domain in the United States is a detailed resource that outlines the extent of copyright duration and public domain cases. For instance, if a work was created before 1924, it can enter the public domain as early as 96 years after its creation. However, works created more recently follow the 95-year rule.

Conclusion

The 1940 adaptation of Pride and Prejudice remains under copyright protection in the United States until the end of 2035. However, in the United Kingdom and the European Union, the film will enter the public domain in 2036. This creates an interesting legal landscape, where the film is partially in the public domain but remains under protection in certain jurisdictions.