Halloween Cartoons in Public Domain

According to US law, all motion pictures made and exhibited before 1923 are in public domain, but copyright law is seriously complex and since other countries have different copyright laws than the USA, it can be downright confusing when trying to get correct information. Shepherded works from golden age of American animation typically fell into public domain due to registration failures, clerical errors, or a variety of other personal and business reasons. Recently, I was researching Halloween cartoons in public domain and I thought I’d share my research on three of the most commonly misidentified Halloween cartoons.

  1. Disney’s Silly Symphonies Skeleton Dance, 1929

Despite what you may have heard or seen online, the Skeleton Dance is not public domain, likewise, neither is Mickey Mouse’s Haunted House. Due to the Copyright Term Extension Act of 1998 (CTEA), copyright protection was extended 95 years from the publication date for any works published before January 1, 1978. That meant, any films released in 1923, which would have entered public domain in 1998, were scheduled to enter on January 1, 2019. Due to extensive lobbying, the Walt Disney Company was granted more extension for their works, therefore, all early Mickey Mouse cartoons, such as Steamboat Willie, won’t enter public domain until 2023. Keep in mind, there’s a very good chance that Disney will be granted another extension. Thus, why some people refer to CTEA as the ‘Mickey Mouse Protection Act’.

It’s important to note, that all Disney characters are not only copyrighted but also trademarked and that lasts for forever, so long as the owners continually use the trademarks commercially. Bottom line, Disney characters may NOT be commercially used whether they’re part of the public domain or not.

skeleton_dance

  1. Betty Boop’s Halloween Party, 1933

Betty Boop’s Halloween Party is not in public domain. Since the Copyright Act of 1976, copyrights are automatically applied to a work and last the entirety of someone’s life, plus 95 years after creator’s death. Before 1976, however, companies needed to register and re-register their works to ensure copyright protection. In the case of Betty Boop, after a few company mergers and failure of the original owners, Fleischer Studios, to re-register the copyright of many of Betty Boop’s earliest cartoons, many fell into public domain. Unfortunately for fans, Halloween Party is not one of them.  Wikipedia has a comprehensive list of Betty Boop’s cartoons and indicates which ones are public domain.

For the record, it appears that the character of Betty Boop is owned by Paramount, the Betty Boop name itself is owned by Fleischer Studios, and the right to distribute the cartoons (those not public domain) are split between three different companies, Trifeca Entertainment & Media, Olive Films and Melange Pictures.

betty boop halloween party

  1. Casper, The Friendly Ghost, 1945

Casper’s very first movie The Friendly Ghost is public domain. In the 1950s, when Harvey Publications purchased Casper the Friendly Ghost and bunch of other cartoons from Noveltoon, lawyers failed to inform Harvey that they needed to register copyrights for the first works of the character, thus, The Friendly Ghost and four other Casper titles (There’s Good Boos To-Night, A Haunting We Will Go Boo Moon, and Spooking About Africa) all wound up in public domain, however, these are the only works that are public domain. Because Harvey trademarked Casper and continued to make newer cartoons, they retained ownership of the character of Casper and all subsequent Casper works. These days, Universal Studios holds ownership over Casper and all films except for the five mentioned above.

Here are a few more spooky cartoons in public domain:

Felix the Cat, Switches Witches 1927
Swing You Sinners 1930
Bimbo’s Initiation 1931
The Mad Doctor 1933
The Headless Horseman 1934
Cobweb Hotel 1936
Popeye, Fright to the Finish 1954

The-mad-doctor-movie-poster-1020197769
This is one of the very few Disney cartoons they let slip into public domain. It’s considered too dark and violent for their programming

I’m not a legal expert, so please don’t assume any of this is legal advice. Please seek out your own legal counsel and do your research before posting potentially copyrighted or trademarked material on websites.

If you’re interested in more animation films in public domain, check out TV Tropes and Wikipedia, which both have a pretty comprehensive list of films.

http://tvtropes.org/pmwiki/pmwiki.php/Main/PublicDomainAnimation

https://en.wikipedia.org/wiki/List_of_animated_films_in_the_public_domain_in_the_United_States

 

12 Great Ghost Flicks

Best thing about ghost movies is you can watch them any time of the year. Ghosts and haunts will never go out of style and you do get extra points for watching in the dark, alone. Below is a list of my faves.  Let me know some of your favorite ghost thrillers are in the comment section.

12. The Haunting

Based on Shirley Jackson’s The Haunting of Hill House, this is the original haunted house movie that set the bar for all others. Directed by Robert Wise of West Side Story and Sound of Music fame, Mr. Wise made good use of camera tricks and special effect devices to achieve the claustrophobic feel and distort images.  Truthfully, this should be number one, but it’s always on all the top ten lists of favorite horror films. Just trying to mix it up today.

the haunting

11. Lady in White

Lukas Haas plays a bullied new kid in school who accidentally witnesses a ghostly murder of a little girl, who haunts him until he helps her solve the mystery of who killed her.  This classic ghost story is based on a real urban ghost myth of the Lady in White in Rochester New York. Perfect for Halloween time.

lady in white

  1. The Orphanage

Guillermo del Toro helped produce this creepy tale about ghost children haunting a woman after her own child disappears in her old childhood home. Lights out, subtitles on, trust me you’ll be hiding under the blanket.

orphanage

  1. Paranormal Activity

Take one yuppie couple, one yuppie California track home, one yuppie camcorder, and mix in a bad spirit, it’s scary goodness for those who don’t watch Ghost Hunters on a weekly basis. There are a few genuine freak-you-out moments that will stay with you long after the movie is over.

paranormal activity

  1. The Devil’s Backbone

Another brilliant Spanish language thriller from Guillermo del Toro. This isn’t necessarily a horror story so much as it is a drama with horror elements. Set after the Spanish Civil War, the film has lush cinematography, great acting and a unique story about greed, lust and revenge, topped off with things that go bump in the night.

devils backbone

  1. Stir of Echoes

Even the undead can be connected to Kevin Bacon, who plays a man haunted by the ghost of a young woman after being hypnotized by his sister-in-law. Instead of asking to be re-hypnotized to forget everything, like normal people, this guy decides to go in search of the mystery that is plaguing his mind. Careful what you ask for. This story will scare the pants off anyone, but mostly homeowners.

stir of echoes

  1. The Others

Nicole Kidman hides her photo-sensitive kids in the dark while waiting for her husband to return home from WWII off the coast of England. Strange noises and occurrences are only the beginning of their troubles. This is a classic ghost story with brilliant cinematography and a unique twist. Ms. Kidman even garnered a Golden Globe nomination for her performance.

the others

  1. Poltergeist

Not as scary as the others on the list, this blockbuster directed by Tobe Hopper and produced by Steven Spielberg, lays down the classic laws of all house hauntings and manages to send a strong socio-political message as well. Don’t f*** with Native American burial grounds. The tragic untimely deaths of several of film’s young stars in years following its release, only cemented Poltergeist’s spooky legacy.

poltergeist

  1. The Sixth Sense

This movie put M. Night Shyamalan and his trademark plot twists on the map. By now, everyone knows the twist of this one and that’s a shame, because it’s a damn fine ghost story if you overlook the gimmicks and allow yourself to be invested in the relationship between the characters. Seeing dead people has never not been scary.

sixth sense

  1. Session 9

Remember all the movies David Caruso made after leaving his brilliant-on-fire TV career? Neither do we. He did make one hidden gem, however, and this is it. Abandoned mental institutions are not places to screw around with. They’re filled with otherworldly rage, sadness, violence and pain. If you decide to take job pulling out the asbestos in one, make sure you’re in good mental health, or you never know what else you might pull out.

session 9

  1. Ju-on a.k.a. The Grudge

This might be my favorite on the list. Ju-on or ‘curse grudge’ is basically the belief that when a person dies with a deep and powerful rage inside them, a curse is born. The curse doesn’t stay in one place, instead it spreads by killing anyone who encounters it. That’s right, a never-ending ghost story. You can watch either Ju-on, the Japanese version, which is told out of chronological order and might be slightly confusing, or the American version, The Grudge, with Buffy star Sarah Michelle Gellar. Both are equally terrifying because filmmakers brilliantly decided to use the same actors to play the vengeful spirits in both films. There are sequels and such, but only the first movie lives up to the hype.

Ju-on

  1. The Shining

What evil weird things happen in creepy hotels, stay in creepy hotels—for like, an eternity. This is perhaps the greatest movie to show that there’s a fine line between the supernatural and insanity. It’s very, very thin line. Luckily, if your kid has a psychic gift, a.k.a., the Shining, you’ll know when to bail on room service before you get checked out for good. From the lush cinematography to its wildly metaphorically indulgent story, Stanley Kubrick’s horror masterpiece is my pick for the scariest ghost story ever presented on celluloid. Good to watch with friends or all by yourself, if you dare. It’s a MUST watch in the dark.

the shining

Notable Mentions:
Blair Witch Project – Before there was paranormal activity in the suburbs, there was paranormal activity in the woods.
Audrey Rose – Marsha Mason, Anthony Hopkins and reincarnated children. Creepy.
The Changeling – George C. Scott and an old spooky haunted house. Nuff said.
The Entity – Barbara Hershey can’t escape this sadistic ghost, based on real events.
Trick ‘r Treat – Trick r’ treat demon reminds us of the real spirit of Halloween, which includes of course, a lesson in not messing with the dead.
The Eye – The reason against reusing other people’s perfectly nice organs. The original Japanese version is much better than the American version.
1408 – Another haunted hotel, this time with fancy special effects and the always dependable John Cusack & Samuel L. Jackson.
Ghostbusters – Not scary, but totally funny and it does have lotsa ghosts. A real fun time.
Thirteen Ghosts – If you like ghosts who cut victims in half, this is the movie for you.