Here's my problem:
I've recently began production on a short film, however the film lacks a soundtrack. Apparently, "All motion pictures made and exhibited before 1923 are indisputably in the public domain in the United States" and since I've been told a score is public use if the film is public use, I decided I use some music from a pre-1923 film score. The specific film I had in mind was Nosferatu (I remember the scene on the beach having very endearing music).
However, I came to realize that there is almost no copy of the original soundtrack of the film. Therefore, I may be stealing a re-recorded version of the music. Also, many of the scores are not the authentic scores written by the original composer, but rather, a completely new score all together.
Does my plan of using an old movie soundtrack have any legitimacy at all?? Especially considering the circumstances?
Sorry this was a tad long, any advice would be helpful. Thanks!