Sorry to put this odd query here, as it's not specifically DVD-oriented, but no one in the movie area was able to help. I recently got the Image DVD set of Chaplin's Essanay and Mutual shorts, and figured I'd put some of my old VHS tapes up for bid on Ebay. I sold my set of Blackhawk Mutuals with no problem (and I've also sold Chaplin on Magnetic Video, Key Video, and Playhouse Video with no problem), but when I put up a lot of two tapes, one of 4 Essanays from Alpha Video and another of two Essanays from Video Yesteryear, Ebay pulled the auction after a day, telling me that I was selling "unauthorized" material. Try as I might, I could get no further details from them, nor could I learn who had complained so that I could contact them directly and learn what the problem was. So which was the infringing item? Alpha, Video Yesteryear, or both? And why? I thought these films had been released in public domain versions for quite some time. It's not that I'm concerned about the loss -- after all, I'd only have gotten a few bucks for them -- but I'd like to know why these items are considered illegal. Anyone know the state of Chaplin rights? I'm more curious than concerned. Thanks.

The Mutuals and Essanays are in the public domain, although, Film Preservation Associates has restored them. The Video Yesteryear tapes don't use the FPA restorations, thus are legit.

The Key and Clubhouse Video editions of the 1918-1952 Chaplin films are legit and are licensed.




The only "authorized" DVD's of the Mutual and Essanay films are from Image. The only "authorized" DVD's of the rest are from either Image or Warner.

The Keystones have yet to have a non-awful release, but if Image or Kino releases a set, that'll be the one to get.

Since I had posted about the public domain status of McLintock! in another thread, this caught my eye. Isn't anything published/released before 1923 public domain in the U.S.? Is it possible for a company to get copyright protection for a "restoration" or simply a specific transfer? I had read in another forum about a company (don't remember, possibly Image) doing a laserdisc edition of a public domain Abbott and Costello film, which the poster said was then copied by other companies for their laserdisc and VHS releases. It sounded as if the company had no recourse against these copies.

So how can a transfer of a film in the public domain get "authorized" status?

I had always assumed that was part of the reason for the decision of the Chaplin family to only release specific versions; I always figured it had to do with them owning the copyrights because the changes were recent enough, getting more money, etc.

Music is one way I can think of. You could stick a song onto the print. I mean, you'd have to get the rights to use the song, but then everybody, moving forward, would have to get the rights too, and through that, you could control the release of the film. (For instance, you could commission a new song, and set it up so you own it, so that people would still have to get your permission regarding the film.)

There are probably other ways too, though.