This pre-1953 Japanese film or image thereof, directed by a person who died more than 38 years ago, is now in the public domain.
This is because in July 2006, a Japanese court ruled that all films produced in Japan prior to 1953 were exempt from a change of copyright law changing the term for cinematographic works from 50 years after publication to 70 years. [1][2][3].
However, the Tokyo District Court ruled on 17 September 2007 that films by Akira Kurosawa (died 1998) remain copyrighted until 2036, ruling that an older pre-1971 law applies. That old law kept copyright protection for 38 years after the creator's death.
In 2008, the Intellectual Property High Court affirmed the lower court's decision. The report states the "Japanese Intellectual Property High Court ruling that establishes the Tokyo District Court's September 2007 decision to be correct," and that "the preceding judge Nobuyoshi Tanaka is quoted as stressing that 'the copyright over films is protected for 38 years from the year after the death of the director.'"
Please note that public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. The file must have an additional copyright tag indicating the copyright status in the United States. See also Copyright rules by territory.
According to Articles 41 and 42 of the Copyright Act of South Korea, under the jurisdiction of the Government of the South Korea, a work made for hire or a cinematographic work enter the public domain 70 years after it has been made public. (30 years before July 1987, 50 years before July 2013) In other words, a work made public in the name of an organization, or a cinematographic work made public before 1 January 1963 are in the public domain in South Korea.
Provided, that if it has not been made public within 50 years after its creation, the author's economic rights shall continue to exist for a period of 70 years after its creation. (10/50 years from July 1987 to June 1996; 50/50 years from July 1996 to June 2013, respectively.)
There are exceptional cases. According to Articles 49 of the Copyright Act, author's economic rights are to belong to the state according to provisions of the Civil Law and other laws upon its dissolution in the case of a legal person or organization.
