Copyright Expiration Dates on the Godzilla films

[Pkmatrix]

I spend a fair bit of time discussing the public domain and copyrights, and it's come up again about when Godzilla will enter the public domain.
Since we just had Public Domain Day in the US, with Mickey Mouse finally entering the public domain in America after decades of efforts by Disney to delay or prevent it, I thought it would be an interesting discussion to talk about Godzilla's own expiration date.

THIS excellent blog post from a while back shed a lot of light on the copyright situation of works in Japan, and in general I find Japan VERY confusing compared to America and Europe. Still, my general understanding is:

• Corporate Cinematographic Works copyrights last 70 years

• Cinematographic Works published prior to 1971 follow the "Kurosawa Rule", so Lifetime of the "Author" plus 38 Years with the "Author" understood to be the Director

• The courts in Japan have evidently been vague about cinematic authorship, so it's possible they could expand it at some point to include the Screenwriters and Composers like in Europe

• In the US, all copyrights were renewed for pre-1978 films so they are all expire at the end of 95 years

• The US does not follow the "Rule of the Shorter Term", which means in some cases movies may enter the public domain in Japan before they do in America

So based on this, here's when Godzilla the character and all of his films each enter the public domain:

Godzilla (1954 - both the Film and the Base Character)
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2050 (1/1/2052 for Godzilla, King of the Monsters!)

Godzilla Raids Again
Japan (Director Only): 1/1/2012 (!?!)
Japan (Directors, Screenwriters, Composers): 1/1/2038
USA: 1/1/2051 (1/1/2055 for Gigantis the Fire Monster)

King Kong vs. Godzilla
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2058 (1/1/2059 for American cut)

Mothra vs. Godzilla
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2060

Ghidorah, the Three Headed Monster
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2060 (1/1/2061 for American cut)

Invasion of Astro Monster
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2061 (1/1/2066 for American cut)

Ebirah, Horror of the Deep
Japan (Director Only): 1/1/2039
Japan (Directors, Screenwriters, Composers): 1/1/2039
USA: 1/1/2062 (1/1/2064 for American cut)

Son of Godzilla
Japan (Director Only): 1/1/2039
Japan (Directors, Screenwriters, Composers): Kazue Shiba is still alive
USA: 1/1/2063 (1/1/2065 for American version)

Destroy All Monsters
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2064 (1/1/2065 for American version)

All Monsters Attack
Japan (Director Only): 1/1/2032
Japan (Directors, Screenwriters, Composers): 1/1/2045
USA: 1/1/2065 (1/1/2067 for American version)

FROM THIS POINT ON, IN JAPAN IT'S NEXT JANUARY FIRST 70 YEARS AFTER RELEASE

Godzilla vs. Hedorah
Japan: 1/1/2042
USA: 1/1/2067 (1/1/2068 for American version)

Godzilla vs. Gigan
Japan: 1/1/2043
USA: 1/1/2068 (1/1/2073 for American version)

Godzilla vs. Megalon
Japan: 1/1/2044
USA: 1/1/2069 (1/1/2072 for American version)

Godzilla vs. Mechagodzilla
Japan: 1/1/2045
USA: 1/1/2070 (1/1/2073 for American version)

Terror of Mechagodzilla
Japan: 1/1/2046
USA: 1/1/2071 (1/1/2074 for American version)

Return of Godzilla
Japan: 1/1/2055
USA: 1/1/2080 (1/1/2081 for American version)

Godzilla vs. Biollante
Japan: 1/1/2060
USA: 1/1/2085 (1/1/2088 for American version)

Godzilla vs. King Ghidorah
Japan: 1/1/2062
USA: 1/1/2087 (1/1/2094 for American version)

Godzilla vs. Mothra
Japan: 1/1/2063
USA: 1/1/2088 (1/1/2094 for American version)

Godzilla vs. Super-Mechagodzilla
Japan: 1/1/2064
USA: 1/1/2089 (1/1/2095 for American version)

Godzilla vs. Space Godzilla
Japan: 1/1/2065
USA: 1/1/2090 (1/1/2094 for American version)

Godzilla vs. Destroyah
Japan: 1/1/2066
USA: 1/1/2091 (1/1/2094 for American version)

Godzilla (1998)
Japan: 1/1/2094
USA: 1/1/2094

Godzilla 2000
Japan: 1/1/2070
USA: 1/1/2095 (1/1/2096 for American version)

Godzilla vs. Megaguirus
Japan: 1/1/2071
USA: 1/1/2096

Giant Monsters All Out Attack
Japan: 1/1/2072
USA: 1/1/2097

Godzilla against Mechagodzilla
Japan: 1/1/2073
USA: 1/1/2098

Godzilla: Tokyo S.O.S.
Japan: 1/1/2074
USA: 1/1/2099

Godzilla: Final Wars
Japan: 1/1/2075
USA: 1/1/2100

Godzilla (2014)
Japan: 1/1/2110
USA: 1/1/2110

Shin Godzilla
Japan: 1/1/2087
USA: 1/1/2112

Godzilla: Planet of the Monsters
Japan: 1/1/2088
USA: 1/1/2113

Godzilla: The City on the Edge of Battle
Japan: 1/1/2089
USA: 1/1/2114

Godzilla: The Planet Eater
Japan: 1/1/2089
USA: 1/1/2114

Godzilla: King of the Monsters
Japan: 1/1/2115
USA: 1/1/2115

Godzilla vs. Kong
Japan: 1/1/2117
USA: 1/1/2117

Godzilla Minus One
Japan: 1/1/2094
USA: 1/1/2119

Godzilla x Kong: The New Empire
Japan: 1/1/2120
USA: 1/1/2120

[Thatguy4683]

Man, I surely hope to live to see GXK ender the public domain!

[G.H.B]

Man, I surely hope to live to see GXK ender the public domain!

Hey if you need some adrenochrome lemme know.

[edgaguirus]

You say that when Gojira goes public domain, so does the base character of Godzilla. I'm assuming this means that when the Rodan and Mothra films go PD their base character will as well.

[Pkmatrix]

You say that when Gojira goes public domain, so does the base character of Godzilla. I'm assuming this means that when the Rodan and Mothra films go PD their base character will as well.

So the "base character" usually refers to the earliest copyrighted incarnation of a character, usually the first appearance. For Mothra, that isn't the movie but rather the novel The Luminous Fairies and Mothra.

Mothra (1961) enters the public domain on 1/1/2032 in Japan (Honda was the last of the Director, Screenwriter, and Composer to pass, so one date) and 1/1/2057 in the US (2058 for the US version). When it comes to novels, however, Japan follows the same rules that many others do: Lifetime of the Author plus 70 years. The Luminous Fairies and Mothra had three authors, the last of surviving of which was I believe Yoshie Hotta who passed away in 1998. As a result, the novel will not enter the public domain until 1/1/2069. Not entirely an unusual situation, but that's a very long gap between when the original movie becomes public domain and when you will be allowed to use the character and her story since she originates from the novel.

Rodan, I'm not quite so sure about.

According to Writing Giant Monsters by John LeMay, the original story for Rodan by Ken Kuronuma was published in Boys Magazine under the title "The Birth of Radon". The book provides a date of May 22, 1956 but I'm unclear as to whether that's just the date the story was completed or when it was published. Because if the story was published before the movie, that makes the short story the originating work for the character and means we count from when Kuronuma passed not from the Director/Screenwriter/Composer of the movie.

The movie Rodan enters the public domain in Japan on 1/1/2032 (if counting only from Honda) or 1/1/2045 (if counting from Ifukube), and in the US on 1/1/2052 (2055 for the US version). The short story "The Birth of Radon" enters the public domain on 1/1/2056, at the end of 70 years after Kuronuma passed in 1985.

[Destoroyah of Worlds]

In the US, it's 70 years after the author's death or 95 years after publication. US could be 2049 at the earliest.

Also, Godzilla was a collaborative effort. Kurosawa Rule is vague enough that it could apply to everyone involved in Godzilla's creation including the producers, directors, suit actors, suit designers, writers, or anyone involved with the original film. Godzilla might not be public domain in Japan until 2055 or later for the original version of the character. Eizo Kaimai would be the most recent "creator" death in 2020. There are still others involved with the original film who are alive. Toho could argue that these people are the authors and hold up the character entering public domain for many years in Japan & the US. If Eizo Kaimai is considered an author of Godzilla, that would make the public domain year for the US as far as 2090. That's not even counting others involved with the film who are still alive.

With how protective Toho is and their track record of prior lawsuits for copyright infringement, I don't think this character will go public domain as early as the OP suggests.

[LSD Jellyfish]

Another thing to consider: Toho is pretty much the only big movie company in Japan. I believe they’re the only ones actually capable of making “big budget” kaiju films at this point in time. I bring this up because a lot of this is based on hypotheticals of assuming someone would be able to make a “fake Godzilla” that would somehow be able to compete with the Toho productions. In addition, there’s a lot of rather formal and informal social contracts at work, people wouldn’t want to be involved in something that might be considered scandalous.

In other words, I believe that even if Godzilla went into public domain in Japan, no one but Toho would be able to produce or make the films.

Outside of Japan? Funnily enough, Toho already solved this problem with the MV. Thanks to being more active globally, and due to Shin and Minus One (especially the latter), people understand that the Japanese Toho films are “the” Godzilla films. All Toho would have to do in a future where Godzilla is public domain, is just be a little more aggressive in showcasing they made it. No biggie

My point is that even if Godzilla went into public domain tomorrow, not much would actually change. Godzilla, unlike a lot of these “Public domain works”, doesn’t suit well, and cannot be easily adapted into cheap knockoffs. On top of that, mock busters and countless clones of Godzilla already exist…

[Angilasman]

People are freaking out about public domain, which I guess is a result of generations becoming fans of companies (like Disney).

Anyway, imagine if Godzilla went in the public domain two years ago: right now Toho is making money off Godzilla Minus One, a new movie they'll own for generations. All the merchandise is going to orient around this new hit movie. The Norse God Thor is in the public domain, but that doesn't stop Marvel from making money off toys and t-shirts with Chris Hemsworth's face on them. A major network is making another modern day spin on Sherlock Holmes series next season.

If these companies want to still make money off these characters they'll have to go through the trouble of making good new things with them. If they want to profit off the original works, well, they have the best quality original film elements, so if they do the best restorations (which they'll still own) and make them easily available it'll make other versions redundant.

[edgaguirus]

Anyway, imagine if Godzilla went in the public domain two years ago: right now Toho is making money off Godzilla Minus One, a new movie they'll own for generations. All the merchandise is going to orient around this new hit movie. The Norse God Thor is in the public domain, but that doesn't stop Marvel from making money off toys and t-shirts with Chris Hemsworth's face on them.

If a character is public domain, versions and/or images of the character can still be claimed. Frankenstein is PD, but the flat top head design is still owned by Universal. This is why Hammer's Frank and others use different designs for the monster.

[Angilasman]

^ Bingo

[Pkmatrix]

In the US, it's 70 years after the author's death or 95 years after publication. US could be 2049 at the earliest.

It's 70 years after the author's death for works made after January 1, 1978. And for the most part that doesn't apply to movies in the US - America views movies as corporate works, while other places like Europe identify an actual author and tie it to that.

For works made before 1978, as long as it work was properly renewed it is locked in at 95 years in the US.

Also, Godzilla was a collaborative effort. Kurosawa Rule is vague enough that it could apply to everyone involved in Godzilla's creation including the producers, directors, suit actors, suit designers, writers, or anyone involved with the original film. Godzilla might not be public domain in Japan until 2055 or later for the original version of the character. Eizo Kaimai would be the most recent "creator" death in 2020. There are still others involved with the original film who are alive. Toho could argue that these people are the authors and hold up the character entering public domain for many years in Japan & the US. If Eizo Kaimai is considered an author of Godzilla, that would make the public domain year for the US as far as 2090. That's not even counting others involved with the film who are still alive.

With how protective Toho is and their track record of prior lawsuits for copyright infringement, I don't think this character will go public domain as early as the OP suggests.

I'm gonna go ahead and say that that's unlikely, if only because copyright law worldwide specifies the primary author and the furthest any country extends that to is how I've defined it in the OP: the Director(s), the Screenwriter(s), and the Composer(s). The only extension beyond that that anyone has is some countries also have "Authors of the Dialogue" as separate from the Screenwriter, which is meant to cover musicals. If Toho makes the collaborative argument, the furthest they'll be able to extend it in Japan is January 1, 2045.

Even if we went with your argument with Eizo Kaimai, he passed away in 2020. 2020 plus 38 years to the next January 1 would be 1/1/2059. And like I said earlier, in the United States it is a hard cut off that Toho cannot fight with January 1, 2050. If Disney couldn't get the US government to freeze and extend it further, I doubt Toho will be able to.

My point is that even if Godzilla went into public domain tomorrow, not much would actually change. Godzilla, unlike a lot of these “Public domain works”, doesn’t suit well, and cannot be easily adapted into cheap knockoffs. On top of that, mock busters and countless clones of Godzilla already exist…

This is the Toho's biggest saving grace when it comes to Godzilla, and is the same reason why there have been so few movies and shows taking advantage of Kong since the courts ruled he was public domain in 1976: unless you're going the animated route, Godzilla is hard to make on a budget. Now, to be fair, I think Godzilla is more attractive a target for people willing to try on a low-to-no budget as he's just WAY more popular than Kong (kids like dinosaurs and dragons) but if Kong is any precedent Toho probably doesn't have much to worry about.

At the same time, though, we're talking about 10 to 30 years from now when we're in the middle of a Creative AI revolution TODAY. So who knows?

People are freaking out about public domain, which I guess is a result of generations becoming fans of companies (like Disney).

Anyway, imagine if Godzilla went in the public domain two years ago: right now Toho is making money off Godzilla Minus One, a new movie they'll own for generations. All the merchandise is going to orient around this new hit movie. The Norse God Thor is in the public domain, but that doesn't stop Marvel from making money off toys and t-shirts with Chris Hemsworth's face on them. A major network is making another modern day spin on Sherlock Holmes series next season.

If these companies want to still make money off these characters they'll have to go through the trouble of making good new things with them. If they want to profit off the original works, well, they have the best quality original film elements, so if they do the best restorations (which they'll still own) and make them easily available it'll make other versions redundant.

Yep, exactly.

If a character is public domain, versions and/or images of the character can still be claimed. Frankenstein is PD, but the flat top head design is still owned by Universal. This is why Hammer's Frank and others use different designs for the monster.

Yep, that too! Though, it's probably worth pointing out that Universal's copyright on the classic Boris Karloff/Bela Lugosi Frankenstein and Dracula designs is expiring in only three short years.

[LegendZilla]

First of all, kudos for Pkmatrix for setting up a thread for discussing copyright expiration. It’s been a topic that’s piqued by interest for a few years now. I know I said this before, but The original Godzilla film could’ve been set for the public domain in 2029. That is until Sonny Bono came along to lick Disney’s feet by extending copyright law by another 25 years.

Even if we can’t get Godzilla for free in 2029, at least Kong’s coming. Let’s just hope Toho makes good use of it. Also, since Canada doesn’t follow the same 95-year rule as America (as far as I know), does that mean Godzilla will become public domain sooner where I live?

[Pkmatrix]

Even if we can’t get Godzilla for free in 2029, at least Kong’s coming. Let’s just hope Toho makes good use of it. Also, since Canada doesn’t follow the same 95-year rule as America (as far as I know), does that mean Godzilla will become public domain sooner where I live?

I've spent the last hour trying to find an answer to this question, and I'm stumped. Canada, as it turns out, is even more confusing and labyrinthine than Japan, which I didn't think was possible!

Either Godzilla is ALREADY public domain in Canada, having entered on 1/1/2005, or it will enter at the end of 70 years after Ishiro Honda passed on 1/1/2064. I'm having a hell of a time figuring it out, honestly.

[John Pannozzi]

I should note that its unknown when Shigeaki Hidaka, who co-wrote Godzilla Raids Again, died.

Does Sadamasa Arikawa (who directed the special effects for most Toho kaiju films around the late 1960s) count as a director? He died in 2005.

Kan Ishii, who composed the music to Gorath, died in 2009.

Sadao Bekku, who composed the music to Matango, died in 2012.

Shigeru Komatsuzaki, whose novel "The Undersea Kingdom" inspired Atragon, died in 2001.

Reuben Bercovitch co-wrote the story to Frankenstein vs. Baragon, and he died in 2020.

Arthur Rankin Jr. is credited with writing the story for King Kong Escapes, and he died in 2014.

[Great Hierophant]

Having not seriously thought about this since I originally wrote the blog post referred to in the OP, I have a few more thoughts.

Under the "Collaborative Authorship" approach, I considered Eiji Tsuburaya as among the authors as a co-director. After all, fine directors as Ishiro Honda and Jun Fukuda were, everyone went to these movies to see the monster action, not the human drama. That was the province of Tsuburaya and his protégés, Sadamasa Arikawa and Teruyoshi Nakano. Arikawa appears to have taken over for Tsuburaya for Ebirah, Horror of the Deep and Son of Godzilla, so he could arguably be considered among the authors of those two films. As he died in 2005, that would put the expiration of the Japanese copyright terms of those films to 2044. Similarly, Nakano handled most of the special effects sequences for All Monsters Attack and he died in 2022, delaying that film's entry into the Japanese public domain until 2061.

The copyright dates for the American Versions of Ghidrah the Three Headed Monster, Godzilla vs. The Sea Monster and Son of Godzilla are probably theoretical and Godzilla vs. Megalon definitely is. No copyright notice on the first publication = public domain. I added a section to my blog post discussing in a little more detail how they were targeted more often by bootleggers than films released by AIP and UPA.

[johnboy3434]

Considering the only legal precedent for pre-1971 film "authorship" under Japanese law (thus far) is the director, has anyone in Japan had the cojones to poke the bear by releasing cheap DVDs of Godzilla Raids Again? I mean, you can certainly argue about the writer and the composer and other roles that deserve to share in the authorship, but that's the point: Toho would have to go to court and argue it. It's not a given. The only thing holding back such releases would be fear of litigation.

[LegendZilla]

Fun fact : Without the Sonny Bono act of 1998, The original 1954 film could've been due for the public domain as soon as 2029.

[John Pannozzi]

Like johnboy3434 said, I really want to see some Japanese home video distributor who specializes in cheap Public Domain movies release a DVD of Godzilla Raids Again over there. Even if Toho tries to sue them, even daring to release it at all would be taking one for the team, so to speak.