I have a bunch of archival 8mm film, some travel, some lifestyle from 1940 - 1960-ish. It is family movies, shot by my father long deceased, which I inherited. Is there a viable market for archival footage? I believe copyright has expired, but what about model releases? Thanks.

I believe copyright has expired, but what about model releases? Thanks.

Copyrights will not have expired. You mention the US - but you do not say whether you are in the US or where your father was domiciled.

This if how it works generically:

You will need to establish and document that you have inherited any remaining copyrights as applicable. A lawyer will be able to draw up a document for you ... detailing your ownership via inheritance of the footage.

The lawyer will need to see your father's will and will want to be clear that specific inheritance of the footage can be established. If you inherited all of your father's property then this will be easy. If your mother or siblings, for example, jointly inherited with you - then there may need to be an assignment document ... in which the copyright is specifically passed or sold to you.

The document(s) will reference the specific copyright  legislation in the applicable jurisdiction. This establishes and documents your ownership. Your lawyer will probably ask you to supply a description of the footage as a whole ... you need to call it something. Eg - A collection of film shot by Mr XYZ between dates / years.

You would then typically complete and supply a property release when submitting this content - the property release would detail your ownership of the content (established above - and you would probably include the document(s) from the lawyer in support). To be clear - in this case the property release would relate to the film footage itself - not property perhaps shown in the footage. The footage is property.

You would need model releases for identifiable people. Otherwise people content can only be used editorially. Which is a pity because old footage with people works great in pop videos, adverts etc.

You should get it telecined ASAP before the dreaded vinegar syndrome sets in. Old color film especially is quickly going bad.

sell it as editorial then you don't need releases. I do this with many clips and despite what people say, editorial sells

Proving ownership would appear to be the biggest problem. I don't want to pay a lawyer to for this. Every time I have involved a lawyer in anything except real estate, costs somehow spiral up in tandem with Porsche lease prices.

I simply had the Executor of the Will provide a document stating that all those named in the Will agreed I could have the films.