Copyright History of the Zapruder and Nix Kennedy Assassination Films
Taking a Piece of History: Copyright History of the Zapruder and Nix Kennedy Assassination Films
Orville Nix, Sr. and Abraham Zapruder likely never crossed paths with each other in Dallas, Texas prior to November 22, 1963. Zapruder was a clothing manufacturer with the company that he co-founded in 1949, Jenniger Juniors, Inc.. His office was located in the Dal-Tex building just across from the Texas School Book Depository in downtown Dallas. Meanwhile Nix worked as an air conditioner engineer for the General Services Administration at the Terminal Annex building located on the south side of Dealey Plaza.
They also likely did not move in the same circles. Zapruder was an immigrant from present-day Ukraine who arrived in Dallas in 1941 after living in New York. Nix was a native Texan six years younger than Zapruder with a fourth-grade education. Yet, on November 22, 1963, they became forever linked in history not only because they were both there when President John F. Kennedy was assassinated sitting next to his wife, First Lady Jackie Kennedy, but because they were only two of four people that day filming the event who captured the moment that President Kennedy was killed.
While they were united in this unique way, the paths that Zapruder and Nix – and their films - took once they had filmed one of the most shocking events in the 20th century, could not have been more divergent with long-lasting consequences that echo even today among their descendants.
The Nix Film
Nix arrived at the corner of Houston and Main Street that fateful day with his camera, a Keystone Auto-Zoom Model K-810 8 mm, in tow. The first images he took from the northwest corner of the intersection were of the motorcade entering Dealey Plaza. He captured President Kennedy smiling at the First Lady and appearing to lean towards her. Then the film jumps to the unobstructed view of the grassy knoll and the image of the motorcade with the President being shot and thrown backwards before speeding away. Nix also captured the pandemonium of people running to the spot on Elm Street where the motorcade had just been.
At that time, Nix was unsure of what he had been able to capture on film. He left Dealey Plaza, presumably unmolested by anyone despite obviously holding a camera in his hands. He returned early the next morning and filmed from the location where he had been standing the day before. He captured images of the clock above the Texas School Book Depository showing the time as 7:28 in the morning. However, Nix had only exposed half of the film and did not turn in the film for processing.
On November 30, 1963, Nix and his son, Orville Nix, Jr., traveled to Fort Worth to see a relative who was a majorette perform in the local high school football game. He used the rest of the film that night to record images of identical majorettes in white boots parading with methodical precision.
On the way back to Dallas, Nix dropped the film off at the Dynacolor lab where he had his home movies developed. The next morning, he received a call from the lab telling him he needed to come down because his film showed the assassination. By that time, LIFE Magazine had obtained the Zapruder film and splashed images from it on its pages. Nix and his son quickly realized that they too had a valuable piece of history in their possession.
Nix Hands Film to FBI and Licenses to UPI
On December 1, 1963, Nix handed over the original of the film to the FBI which returned it to him three days later. Once word spread, Nix was approached by Burt Reinhardt of United Press International (UPI) and LIFE magazine. Both agencies made him an offer. For reasons unknown to history, Nix went with UPI and traveled with his son to New York City to meet with Mr. Reinhardt on December 6, 1963. At that meeting – with just a handshake deal – Nix agreed to license the film to UPI for a term of 25 years for the sum of $5,000.00. After 25 years, UPI was to give the original film back to the Nix family. There is no evidence to indicate that Nix ever consulted with a lawyer or even Abraham Zapruder regarding how to handle the film that was so suddenly important. While Nix and the FBI retained copies of the film, the original film stayed with UPI in New York.
In 1964, the Warren Commission used a copy of the film to determine where the presidential limousine was located when the shots were fired as the Nix film clearly showed the grassy knoll which no other film showed. This was important partly because the Zapruder film was not usable to determine the location of the limousine and because the Nix film could help clear up the swirling controversy over whether there was a second shooter on the grassy knoll. Orville Nix died without a will in 1972. Under Texas intestacy laws of the time, his interests in the film passed to his wife and his son, Orville Nix, Jr..
On September 15, 1976, the U.S. House of Representatives Select Committee on Assassinations (HSCA) was established to investigate the assassinations of JFK and Martin Luther King, Jr. On November 1, 1977, the HSCA went directly to UPI with a subpoena for the original Nix film that UPI currently had in its possession. UPI did not immediately hand it over, however. In a letter dated November 14, 1977, UPI’s counsel wrote to Louis Stokes, the chairman of the HSCA, that UPI was extremely concerned about the HSCA’s request and plans to perform photo enhancement on the Nix film as the film was “irreplaceable” such that even an insurance agreement would not be enough to cover any harm that should befall the film while out of UPI’s possession.
Eventually, in 1978, UPI and the HSCA reached an agreement for the delivery of the original film to the lab in California on the condition that the HSCA had to return the film to UPI after the evaluation, this handling of the film had to be performed by one designated HSCA individual, and that UPI was entitled to receive a “first generation” copy of any enhancement. Based on these conditions, the HSCA issued a second subpoena on April 3, 1978 which UPI complied with on April 4, 1978. At no point was the Nix family apprised of the machinations going on between UPI and the HSCA.
The film was hand delivered by a member of the HSCA to the lab in California in April 1978. It was duly processed, and images were obtained from it which were shared with HSCA. After this event, however, there is only speculation as to what has happened to the original film.
UPI’s License to the Nix Film Ends in 1988; Film not Returned to Nix Family
UPI’s 25-year license ran out in 1988. Gayle Nix Johnson, the daughter of Nix, Jr., and granddaughter of Orville Nix contacted UPI at that time and requested that the film and its copyright be returned to the Nix family. Thus started an elaborate dance of finger pointing between UPI, NARA, HSCA, Aerodynamics, and the Nix family over the actual fate of the original film.
In 1990, Orville Nix’s wife, Ella Lou, died also without a will. Again, under Texas intestacy laws, her interest in the film – including that which had passed to her from her husband in 1972 – reverted to her sole heir, Orville Nix, Jr.
On June 4, 1991, Frank Kane, general counsel for UPI, officially confirmed in a letter to Ms. Johnson that UPI had entered into a license agreement with Orville Nix in 1963, the term of that agreement had ended, that UPI was releasing all rights in the Nix film back to Nix’s heirs and assigns, and that it was not in possession of the film. Kane indicated that the film was with the National Archives (NARA).
However, in a letter dated July 29, 1991, NARA represented to Sen. Phill Gramm that it did not have the Nix film or any copies in the files of the HSCA. This turned out to be a blatant untruth as 28 frames created by the lab in California from the Nix film for the HSCA were in fact in NARA’s Center for Legislative Archives.
During this time and up to the present day, the Nix family has been on a tireless crusade to find out what happened to the original film after it was enhanced at the lab in California in April 1978.
Indeed, it wasn’t until 2014 that Ms. Johnson learned that the film used by the HSCA was the original and not a copy as she had previously believed. Inspired by this new information, Ms. Johnson filed a Freedom of Information Act (FOIA) request with NARA requesting information on whether NARA indeed had the original of the film. A NARA archivist advised Ms. Johnson that NARA did not have the original film, just copies of it. This culminated in her filing suit against the U.S. government in 2015 which was dismissed - importantly without prejudice – because it was filed before all administrative remedies had been exhausted and because the court did not have jurisdiction over takings claims.
Nix Heir Files Suit against United States for an Unlawful Taking of the Film
In 2023, Nix, Jr. filed suit against the United States government in the Court of Federal Claims alleging an unlawful taking of the original Nix film by the government under the Fifth Amendment and requesting that the family be compensated for the taking of the film. The “taking” here occurred not only on April 4, 1978 but also on October 26, 1992 when the JFK Records Act of 1992 took effect. The JFK Records Act directed all assassination records, including the Nix film, to be transmitted to NARA for public disclosure. The argument is that this action effectively seized the film from Nix’s descendants without compensation from the government.
In July 2025, Nix, Jr. filed a damages computation claiming a total of $938,138,437.43 in damages based on a fair market value of the film as of October 26, 1992, the date the JFK Records Act took effect, with interest totaling $863,138,437.43. In reaching this eye watering sum, the Nix family characterized the film as “effectively, a holy grail of U.S. history” that is an “irreplaceable and one-of-a-kind film”. The case is currently stayed pending substitution of the plaintiff as Orville Nix, Jr. died on July 29, 2025.
The Zapruder Film
Nix and Zapruder were a study in opposites in every way including the vantage point they chose to film the motorcade’s progress. While Nix was facing the School Book Depository and the infamous grassy knoll, Zapruder was standing on a concrete pedestal in Dealey Plaza with his secretary Marilyn Sitzman standing behind him to steady him.
Zapruder had brought with him his Model 414 PD Bell & Howell Zoomatic Director Series Camera that day, initially forgetting it before going back to his office in the Dal-Tex building to retrieve it. With it, he captured the entire unfolding spectacle in silent but vivid color. Unlike Orville Nix, however, Abraham Zapruder knew instantly what he had recorded on the 8 mm Kodachrome II safety film. He had seen the moment when President Kennedy was shot in the head – a moment forever immortalized on Frame 313 that would not be seen by the general public until Geraldo Rivera played it on national television in 1975.
While Orville Nix left Dealey Plaza that day without anyone apparently caring that he had a home movie camera with him, Zapruder and his film quickly came to the attention of the Secret Service. Agent Forrest Sorrels and Zapruder knew immediately that they had to get the film developed. A reporter from WFAA Channel 8 attempted to help but it soon became clear that WFAA’s equipment was not up to the task. With the help of a Dallas police officer as escort, the film was whisked to the Eastman Kodak processing facility near Dallas Love field where it was developed.
Where the paths of Abraham Zapruder and Orville Nix further diverged was that about this time, Abraham Zapruder called his attorney, Sam Passman. Zapruder told Passman everything that had happened since the assassination including that he had agreed to Agent Sorrells’s request for two copies of the film for the Secret Service, which Passman agreed was the correct choice. Passman also learned that technicians at the Kodak lab had viewed the film and they confirmed what Zapruder already knew – that he had captured the terrible moment. At this point, Passman advised Zapruder to maintain a record of everyone who handled or touched the film as it was necessary to document the film’s journey to preserve future copyright as well as for evidentiary and investigatory purposes.
The Kodak facility was unable to make copies of the original and so the film traveled again to the Jamieson Lab in downtown Dallas where three copies were made. Two copies were given to Agent Sorrels (one for the Secret Service and one for the FBI) and the remaining copy and original staying with Zapruder.
Unlike Nix, Zapruder Worked with Counsel to Manage Rights to the Film
From here, Passman went to work. He had the technicians at Kodak and the Jamieson Lab sign an agreement, presumably attesting to the chain of custody of the film. While non-disclosure agreements are de rigueur today if someone as much as catches a celebrity sneeze awkwardly, they were not used in the same way back in the 1960s. However, it is not out of the realm of possibility that the Kodak and Jamieson lab techs were also sworn to some sort of commercial silence.
Passman also made the most of his connections, calling Barefoot Saunders, the U.S. Attorney for the Northern District of Texas to find out whether rumors of the imminent imposition of martial law in Dallas were true. Passman’s legitimate concern was that if this was true and individual property rights were suspended, that the film and Zapruder’s property rights in it would also be suspended. Saunders indicated that he would not allow martial law to be imposed (although how much of this would have been within Saunders’ control is unclear). As a possible hedge against this, it is said that Passman stored the film and the copy in the firm’s safety deposit box that night.
By this time, the press had gotten wind of the Zapruder film and were beginning to hound Abraham Zapruder who was conveniently listed in the phone book. Richard Stolley of Time Life, Inc. called Zapruder at home that Friday night and impressed Zapruder because he was not pushy (unlike other journalists, apparently) and listened to his concerns about the film and what it showed.
Zapruder Film Screened for FBI, Secret Service, and Press
The next morning, Passman hosted the first of two screenings of the film for the Secret Service, the FBI and Zapruder. However, the press was still on the case to get their hands on the film or the copy. So, Passman set up a second showing that afternoon for the press including Dan Rather and Mr. Stolley of Time Life.
Where Passman and his partner Shannon Jones, Jr. really shined, however, was in advising Zapruder on what to do with arguably the most famous home movie in history. Zapruder, for his part, was understandably torn. He knew what the entire film showed and it pained him greatly to think of what would happen if the film ended up in the hands of an exploitative publisher. Passman, however, saw the dilemma through the lens of the law and advised Zapruder that he needed to sell the film and secure his family’s financial future as well as divest himself of the stress of holding onto a film that many were clamoring to possess, legally or illegally.
Zapruder did not especially want to benefit from the film particularly given what it showed. So, he asked Passman if he could donate some of the proceeds from the sale to Jackie Kennedy and the children. Passman assured him that they would be taken care of but offered to see if some of the money could go to the family of J.D. Tippit who had been killed by Lee Harvey Oswald just a few hours after the assassination. Zapruder agreed to this.
Zapruder Licenses the Film to Time Life
Passman reminded Zapruder that they could work into any agreement certain requirements regarding the use of the film. Ultimately, Zapruder chose Time Life and Mr. Stolley who had impressed him by not being “pushy” to entrust the film and its legacy. With Passman’s help, they negotiated an agreement that would see Zapruder get $150,000 (worth approximately $1.5 million today) with $25,000 going to a trust for the Tippit family.
While Passman considered whether to draft the agreement so that the copyright in the film remained with Zapruder, his law partner Jones pointed out that this would require Zapruder to defend and enforce the copyright. Thus, the work around was to grant Zapruder a 50% royalty interest in the film while Time Life was given the copyright and the duty to enforce and defend it which they could do far better with their ample resources. Finally, Passman worked in a clause to address Zapruder’s legitimate concerns about exploitation of the film and it required Time Life to present the film to the public “in a manner consonant with good taste and dignity.”
Time Life ended up publishing stills from the film – a major scoop at the time – while the famous Frame 313 that gave Abrahmaam Zapruder nightmares until he died in 1970 remained under wraps until 1975.
Of course, the film featured prominently in the 1964 Warren Commission investigation into the assassination. On February 25, 1964, Time Life took the original film to Washington to screen it for representatives from the Commission, the FBI and the Secret Service. Time Life also made 35-millimeter color transparencies of certain frames for the Commission and one copy made from the original that had been given to the Secret Service in 1963 was marked as evidence. While Time Life gave the necessary copyright authorization to the Commission to use the photos, it did so on the proviso that Commission give notice of copyright – which the Commission did not do.
For unknown reasons, Time Life did not register the copyright in the Zapruder film until May 15, 1967 – however, three issues of Life Magazine featuring the stills from the film had been registered for copyright protection prior to this and the Memorial edition which was published in December 1963 was also registered for copyright protection.
Time Life’s Duty to Defend the Copyrights in the Film
In 1968, the power of Time Life’s resources and its duty to defend and enforce the copyright in the film came to a head when it filed suit against Bernard Geis and Associates in the Southern District of New York for copyright infringement of the stills of the film arising out of Josiah Thompson’s book Six Seconds in Dallas. The Court described the book as “a serious, thoughtful, and impressive analysis of the evidence” which happened to include sketches that were in fact copies of parts of the Zapruder film.
However, Time Life lost the case on the grounds that Thompson’s acquisition of and use of the frames was fair use. The Court reasoned that there was a public interest in having the fullest information available on the assassination, Thompson “did serious work on the subject and has a theory entitled to public consideration”, and that the public would not purchase the book because it contained the Zapruder frames but rather to read Thompson’s theory as supported by the Zapruder frames. Moreover, the Court noted that there was little evidence of competition between the parties, Time Life was not selling the Zapruder pictures and the market for the copyrighted pictures did not seem to be affected by Thompson’s use.
In 1969, the film was shown for the first time in public at the trial of Clay Shaw for conspiracy associated with the assassination. Jim Garrison, the District Attorney of Orleans Parish showed the film five times during the trial. The first time was outside of the presence of the jury, but in the presence of Abraham Zapruder himself who was given the chance to confirm that the copy was the same as the original. Zapruder said that it appeared to be and then testified to what he heard and saw that day. The jury was then shown the film four times, with one showing frame-by-frame where each frame was held on the screen for five seconds.
When Geraldo Rivera showed the entire film – including the infamous Frame 313 – in March 1975, the Zapruder family sued Time Life for royalties and Time Life ultimately sold the original film and its copyright back to the Zapruders for a nominal $1. The Zapruder family then set up a Texas general partnership – LMH Company (for Lillian, Henry, and Myrna) to take ownership of the film and its copyright.
From 1975 until April 1978, the Zapruder family retained custody of the film before donating the film to the government just in time for the HSCA to begin its work in earnest. At that point, the film ended up with NARA and unlike the Nix film, the film was treated with meticulous care and attention by HSCA and NARA staff. When the Zapruder film went through the same enhancement and analysis as the Nix film in 1978, the Zapruder film’s chain of custody was thoroughly documented and an HSCA staff member was with the film the entire time on its trip to Los Alamos and back to Washington, D.C.
In 1991, the Zapruder family were paid $85,000 by Oliver Stone to use the film in his epic movie JFK about the Clay Shaw trial. And in 1992, the Zapruder film was caught up in the taking of all assassination-related materials by the JFK Records Act however, the copyright in the film stayed with the Zapruder family. Between 1976 and 1997, the Zapruder film earned the family $878,997 in royalties from the film.
Department of Justice Settles Taking Claim for the Zapruder Film
Despite the blanket acquisition effected by the 1992 act, the “taking” of the Zapruder film did not technically occur until August 1, 1998. A year earlier, the Assassination Records Review Board (ARRB) confirmed that the Zapruder film was an assassination artifact and ordered that it be transferred within NARA to its JFK Assassination Records Collection effective August 1, 1998. On August 3, 1999, the Department of Justice announced that it had reached a settlement with LMH to compensate it for the taking of the Zapruder film in the amount of $16 million. In December 1999, the family through LMH donated the copyright in the film to The Sixth Floor Museum located in the Texas School Book Depository building. They also donated one of the first-generation copies of the film along with the frame enlargements made by Life magazine. The original film is preserved and carefully stored at NARA and the copyrights in the film along with other copies are benefitting the Sixth Floor Museum.
A Tale of Two Films—and how legal agreements and copyright licensing make a difference
The divergent paths of these films just like their makers is a cautionary tale of how and why it is so important to have an attorney by your side when you are dealing with a situation that is much bigger than yourself and where you are completely out of your depth. The choices that Abraham Zapruder made that fateful day in 1963 cemented a legacy for his family and for the country that is being preserved today, some 62 years later.
The Nix film, on the other hand, is possibly gone forever. Would things have turned out differently if Orville Nix had contacted an attorney to help him navigate the process? He would have almost certainly got more money for the film upfront. Moreover, it is possible that the government would have been more careful with the original of the film and not try to stonewall the family at every turn for basic information about the whereabouts of the original. And if Nix had taken Time Life’s offer instead of UPI’s, would Time Life have handed over the original without so much as a whisper of notification to the family? There is no way to know.
However, the question of the valuation of the Nix film will be a battle of the ages because how do you put a price on an object that is effectively priceless?
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