[78-L] This is the Army

[Cary Ginell]

Does anyone know if the film "This Is the Army" and its soundtrack are in the public domain? Here's some ancillary research:
 








National Archives (http://www.archive.org/post/237158/copyright-question-about-this-is-the-army1943)Q: Now that Warner Bros. has released a restored version of this movie on DVD, does that mean that the unrestored version on the Archive is no longer PD and should be removed?
A: The simple answer is no. Restoration of the original public domain film does not re-copyright it. As copyright is not ownership of the physical work, but the ownership of theoretical rights, it is technically impossible to claim copyright on a restoration. Under US law the only things that can be covered by copyright of a restoration or publication of a public domain work are the newly created contents of the edition. This includes any (unpublished) additional scenes, title cards, musical cues and, if it has been released on DVD, menus and other DVD content.


Turner Classic Movies website:
"The title card reads "Irving Berlin's This Is The Army." Although the opening credits include a copyright statement, the film is not listed in theCatalog of Copyright Entries. The film opens with the following written statement: "We wish to thank Mr. Irving Berlin for making this motion picture possible through his two soldier shows: Yip, Yip, Yaphank-1918;This Is the Army-1943. This picture is being distributed for the benefit of the United States Army Emergency Relief Fund." A May 21, 1942Hollywood Reporter news item reported that Paramount was negotiating for the film rights to Irving Berlin's play. The July 18, 1942 issue ofPacific Coast Musician states that Warner Bros. bought the stage rights for $250,000."






Wikipedia indicates that the film itself may not have been copyrighted (http://en.wikipedia.org/wiki/List_of_films_in_the_public_domain_in_the_United_States) :"This Is the Army had no copyright registration, but it is a musical with several Irving Berlin songs, all of which were registered for copyright and renewed. The movie is shown on Turner Classic Movies, presumably with permission from the Berlin estate."





New York Post (http://www.nypost.com/p/blogs/movies/item_oBWIiEcN3JshCdlKbbTGJK)Warner Home Video's George Feltenstein says the official DVD release was suggested by the Rogers and Hammerstein Organization, which administers the rights to most of Berlin's songs and shows. R&HO don't own the rights to the songs in "This is the Army'' - Berlin donated them to the charitable God Bless America Foundation, which he started in 1938 because he didn't want to profit from that song. So Warners licensed the movie from Army Emergency Relief and the God Bless America Foundation.


 
Cary Ginell