Tweet An annoying question about Public Domain trailers + posters.

Lets say I have a 35mm trailer of a Disney film. (I don't but lets say I do) The trailer itself was never copyrighted and is Public Domain. A trailer for cartoon feature from the 1950s or '60s or maybe "Treasure Island".

Can I show it in public as part of a film show?

Okay another question:
Lets say I don't have the trailer BUT have all of this Disney movie's poster, stills, pressbook and other paper ephemera and put it on display as part of a movie poster exhibition. All of this vintage material was never copyrighted.

Can I also legally do this?

Or is there a difference between showing a PD 35mm trailer verses the film's other advertizing?

[silentfilm]

Yes, there is a difference. You can sell the posters and memorabilia, or display them publicly as you please. There is a restriction as the material cannot advertise another product or service, as Disney probably still has the trademark on the characters displayed, or it could be inferred that Disney is endorsing your product.

Films and music are different. Just because you own the physical media doesn't mean that you can present them. This applies whether or not you charge admission. However, as you only have a PD trailer, you should be fine exhibiting it. If you exhibit it as part of a larger program, you could probably even claim "fair use" of the trailer.

But since the trailer is simply a compilation or condensation of scenes from a copyrighted movie, it would seem to follow that the copyright owner is not giving up any rights in the source material by creating and exhibiting a trailer. The copyright owner has the right to use the copyrighted material as he/she chooses, including creating a trailer from it.

In other words, I'm not so sure the trailer requires a separate copyright in order to be protected. And even if the "fair use" exception is applicable here, I again wonder if exhibiting the entire trailer would be considered to be a "fair use." But it certainly is an interesting question. SETH

The trailer is a different production made with some of the same film as the feature it advertises. Trailers were not copyrighted until (I think) 1970. All the film shot for a production is not copyrighted, just the final edited version.