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Topic: More junk for sale on Ebay
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Leo Enticknap
Film God

Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
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posted 08-21-2011 07:31 PM
quote: Monte L Fullmer ... and on Super 8mm film? Smells like a good scam.
The description on the Ebay listing doesn't say that it's Super 8, but if it had, that would have been an instant red flag. Monroe died in 1962, and the Super 8 format was launched in 1965. Therefore, reversal original footage on Super 8 showing Monroe cannot exist. Any Super 8 element containing footage of Monroe has, by definition, to be a copy from a separate source.
quote: Adam Martin 2) If it was filmed "on assignment" by an Army officer, it would have been produced by the US Government, making it public domain.
The issue there is the definition of 'on assignment'. If you license such footage from NARA, the small print will contain a copyright disclaimer to the effect that if someone claiming to be the copyright owner comes after you, the argument is between you and them to settle. About ten years ago the producers of a TV documentary (I think it was The Third Reich in Colour but could not swear to it) used some footage from a Kodachrome home movie taken by a US Air Force officer stationed in Germany of bombed out ruins in Berlin in the fall of 1945. They thought it was US Government footage, and thus PD, but the officer's son later claimed that he'd shot it with his own personal camera and film, on his own initiative and as a personal memento, not a public record: in other words, that he had not been ordered to make the film and therefore it was not done 'on assignment'. He had later given the film to NARA voluntarily, but no paperwork was signed regarding copyright.
They did a deal in the end, but from archivists I've chatted to about this, my understanding is that you're only on certain ground claiming PD if you have a rock solid case that the footage was shot directly in the course of a US Government paid employee's duties, using Government-owned equipment and consumables, etc. etc.
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