Internet Archive Responds to Record Labels: Stop Playing “Hide-The-Ball”
Posted: Tue Jul 01, 2025 9:55 am
Films entering the public domain will soon face a significant shift. In 2030, films governed by the Hays Code will start to enter the public domain. The Hays Code was a set of self-imposed industry censorship guidelines enforced from 1934 to 1968 by the Motion Picture Producers and Distributors of America (MPPDA), under the leadership of Will H. Hays. Designed to regulate morality in Hollywood films, the code dictated strict rules on depictions of crime, sex, and “immoral” behavior, shaping the creative boundaries of American cinema for decades.
In a comment on one of the Internet Archive’s social media posts, Bluesky user josiahwhite suggested an interesting idea: that due to the restrictions of the Hays Code “[t]he public domain will get a lot more boring.” While this idea might at first seem true, upon further examination it actually clouds the clever ways in image masking service which filmmakers of the time navigated the restrictive influence of the Hays Code to tell creative and compelling stories.
To illustrate this point, we shall explore three films—It Happened One Night, To Be or Not to Be, and Double Indemnity—each of which engaged with the Hays Code in distinct ways. Through these case studies, we will see that while the Hays Code imposed restrictions, it did not stifle creativity. Instead, filmmakers found ingenious and often subversive ways to work within and around these constraints, producing films that remain influential to this day.
It Happened One Night (1934): A Pre-Code Example
Clark Gable and Claudette Colbert
Being a pre-Code film, one might assume that Frank Capra’s It Happened One Night is hugely risqué, pushing the boundaries of obscenity and serving as a final burst of unfettered creative filmmaking. However, the reality is more complex. While the film includes suggestive moments—such as Claudette Colbert’s character, Ellie, showing some leg to attract passing vehicles, or mentions of gangster violence—it also adheres to many traditional moral expectations of its time. Opposite Colbert’s Ellie is Clark Gable’s character, Peter, a down on his luck newspaper man with a hard edge. Peter first meets Ellie when a man on their bus, Shapely, begins hitting on Ellie. Shapely attempts to endear himself to Ellie as “Fun on the Side Shapely,” flaunting his disregard for marriage vows. This denigration of marriage would not play well in the Hays Code, and the film itself seems to take issue with it as well, as Peter gets Shapely to leave by pretending to be Ellie’s husband.
When Peter and Ellie are forced to share a cabin for the night, they construct a makeshift barrier—a sheet dubbed the “Walls of Jericho”—to maintain a sense of modesty. While there was no Code explicitly forbidding an unmarried man and woman from sharing a room at the time, the film nonetheless applies its own restrictions, anticipating the kinds of rules the Hays Code would later enforce. A deeper reading of these moral themes appears as the name, “Walls of Jericho,” references the religious story from the Book of Joshua, incorporating Judeo-Christian values that would later be emphasized under the Hays Code.
The film ultimately concludes with Peter and Ellie getting married, affirming the cultural ideal of heterosexual marriage that the Code would later regulate as a fundamental norm. So what emerges from It Happened One Night is a blend of the unregulated era of Hollywood and the values that would soon be codified under the Hays Code. Despite the interplay of these influences, the film remains a masterwork. It was the first film in Academy Awards history to win all five major categories—Best Picture, Best Director, Best Actor, Best Actress, and Best Screenplay—an achievement that underscores both its artistic brilliance and its lasting appeal.
To Be or Not to Be (1942): A Satirical Challenge to the Code
Carole Lombard and Jack Benny
By the early 1940s, Hollywood was firmly under the Hays Code’s influence and deeply entrenched in World War II. Ernst Lubitsch’s satirical comedy To Be or Not to Be follows a Polish theater troupe whose production of Hamlet is disrupted by the Nazi invasion of Poland in 1939. At its core, the film actively mocks and ridicules the Nazis in direct contradiction to the Hays Code’s provision against making “willful offense to any nation.” Though, given that the target was the Nazis, it appears this rule was conveniently overlooked.
One of the most striking aspects of To Be or Not to Be is its subversion of the Hays Code’s depiction of marriage and fidelity. The film centers on Joseph and Maria Tura, a married couple who lead the Polish theater troupe. Maria, played by Carole Lombard, is heavily implied to be unfaithful to Joseph, played by Jack Benny, which the film often underplays for laughs.
In a comment on one of the Internet Archive’s social media posts, Bluesky user josiahwhite suggested an interesting idea: that due to the restrictions of the Hays Code “[t]he public domain will get a lot more boring.” While this idea might at first seem true, upon further examination it actually clouds the clever ways in image masking service which filmmakers of the time navigated the restrictive influence of the Hays Code to tell creative and compelling stories.
To illustrate this point, we shall explore three films—It Happened One Night, To Be or Not to Be, and Double Indemnity—each of which engaged with the Hays Code in distinct ways. Through these case studies, we will see that while the Hays Code imposed restrictions, it did not stifle creativity. Instead, filmmakers found ingenious and often subversive ways to work within and around these constraints, producing films that remain influential to this day.
It Happened One Night (1934): A Pre-Code Example
Clark Gable and Claudette Colbert
Being a pre-Code film, one might assume that Frank Capra’s It Happened One Night is hugely risqué, pushing the boundaries of obscenity and serving as a final burst of unfettered creative filmmaking. However, the reality is more complex. While the film includes suggestive moments—such as Claudette Colbert’s character, Ellie, showing some leg to attract passing vehicles, or mentions of gangster violence—it also adheres to many traditional moral expectations of its time. Opposite Colbert’s Ellie is Clark Gable’s character, Peter, a down on his luck newspaper man with a hard edge. Peter first meets Ellie when a man on their bus, Shapely, begins hitting on Ellie. Shapely attempts to endear himself to Ellie as “Fun on the Side Shapely,” flaunting his disregard for marriage vows. This denigration of marriage would not play well in the Hays Code, and the film itself seems to take issue with it as well, as Peter gets Shapely to leave by pretending to be Ellie’s husband.
When Peter and Ellie are forced to share a cabin for the night, they construct a makeshift barrier—a sheet dubbed the “Walls of Jericho”—to maintain a sense of modesty. While there was no Code explicitly forbidding an unmarried man and woman from sharing a room at the time, the film nonetheless applies its own restrictions, anticipating the kinds of rules the Hays Code would later enforce. A deeper reading of these moral themes appears as the name, “Walls of Jericho,” references the religious story from the Book of Joshua, incorporating Judeo-Christian values that would later be emphasized under the Hays Code.
The film ultimately concludes with Peter and Ellie getting married, affirming the cultural ideal of heterosexual marriage that the Code would later regulate as a fundamental norm. So what emerges from It Happened One Night is a blend of the unregulated era of Hollywood and the values that would soon be codified under the Hays Code. Despite the interplay of these influences, the film remains a masterwork. It was the first film in Academy Awards history to win all five major categories—Best Picture, Best Director, Best Actor, Best Actress, and Best Screenplay—an achievement that underscores both its artistic brilliance and its lasting appeal.
To Be or Not to Be (1942): A Satirical Challenge to the Code
Carole Lombard and Jack Benny
By the early 1940s, Hollywood was firmly under the Hays Code’s influence and deeply entrenched in World War II. Ernst Lubitsch’s satirical comedy To Be or Not to Be follows a Polish theater troupe whose production of Hamlet is disrupted by the Nazi invasion of Poland in 1939. At its core, the film actively mocks and ridicules the Nazis in direct contradiction to the Hays Code’s provision against making “willful offense to any nation.” Though, given that the target was the Nazis, it appears this rule was conveniently overlooked.
One of the most striking aspects of To Be or Not to Be is its subversion of the Hays Code’s depiction of marriage and fidelity. The film centers on Joseph and Maria Tura, a married couple who lead the Polish theater troupe. Maria, played by Carole Lombard, is heavily implied to be unfaithful to Joseph, played by Jack Benny, which the film often underplays for laughs.