Is The Penalty (1920) public domain?

Name: The Penalty
Released: 1920

Country of origin: US · Last verified: 2026-07-15 · 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 1920; the 95-year US copyright term has expired for works published through 1930, 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	No primary evidence on file — treated as unverified.
Restorations / re-releases	Unclear	No primary evidence on file — treated as unverified.

Automatic rule notes

Published 1920: 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.

Background

The Penalty is a 1920 American silent crime melodrama directed by Wallace Worsley and produced by Goldwyn Pictures, starring Lon Chaney as a criminal mastermind who lost his legs to a childhood surgical error. As a 1920 publication, the film print is in the US public domain by expiry of the 95-year copyright term. Score and restoration layers are left undetermined pending their own evidence.