Is The Birth of a Nation (1915) public domain?

Country of origin: US · Last verified: 2026-07-16 · Researched by None

Film print: Clear — this verdict covers the film print only, not the layers below.

⚠️ Planning to upload or monetize? A public-domain film print does not clear the music score, story, or restorations — and the score is the single most common cause of YouTube Content ID claims. Check every layer, not just the print.
Pre-1972 sound recordings can be protected under US state law and the Music Modernization Act until 2067 or later — the print being public domain does not free the recorded music.

Watching: Watching via the linked archival copies is generally the lowest-risk activity.

Reusing / monetizing: The film print may be free, but at least one layer (music, story, or restoration) is unresolved — expect Content ID claims; keep evidence handy and consider removing or replacing the score.

📄 Download the print-layer research packet (Markdown) — citations you can attach to a dispute. Not legal advice; print layer only.

Rights, layer by layer

A film is not one copyright — it is several. Each layer below can be free or protected independently. This is why one-click “public domain” answers are wrong so often.

Film print (photoplay)	Clear	term_expiry Published 1915; the 95-year US copyright term has long expired (works published through 1930 are public domain), so the film print is public domain in the US by term expiry.
Music score	Unclear	No primary evidence on file — treated as unverified.
Underlying story / screenplay	Unclear	No primary evidence on file — treated as unverified.
Character trademarks	Unclear	note No franchise-character trademark identified; general publicity/likeness considerations are out of scope for the print's copyright status.
Restorations / re-releases	Unclear	No primary evidence on file — treated as unverified.

Automatic rule notes

Published 1915: US copyright term (95 years) has expired for works published through 1930 — the film print is public domain in the US by term expiry, regardless of country of origin.

Watch it free (archival copies)

Internet Archive · full film

Background

The Birth of a Nation (1915), directed by D.W. Griffith, is in the US public domain by copyright-term expiry. RightsAtlas records copyright status only. For context, the film is both a technical landmark in early narrative filmmaking and one of the most notorious works in cinema history for its racist depiction of Black Americans and its glorification of the Ku Klux Klan; its inclusion here is a neutral statement of copyright status, not an endorsement.

Common questions

Is The Birth of a Nation public domain?

Yes — the 1915 film print is public domain in the US by copyright-term expiry. As with any old film, verify the specific copy you use (some restorations or re-scored reissues can carry separate rights).