Note that in spite of this item having been produced after 1753 it is, for now at least, considered to be in the public domain within these united states.

http://www.silentera.com/PSFL/data/T/TearingDownTheSpanishF1898.html

Tearing Down the Spanish Flag

(1898) American

B&W : Short film

Directed by J. Stuart Blackton and Albert E. Smith
Cast: [no cast]


American Vitagraph Company production; distributed by [?] American Vitagraph Company?
/ [?] Kinetoscope 35mm spherical 1.33:1 format or Standard 35mm
spherical 1.37:1 format? / The production was shot 21 April [?] 1897? in
New York, New York. [?] Charles Musser suggests that this film
described by Blackton is actually Raising Old Glory Over Morro Castle (1899).
Survival status: (unknown)


Current rights holder: Public domain.


Keywords: Flags - War: Spanish-American War (1898)

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http://www.filmsite.org/warfilms.html

The first war film to be documented was a one-reel, 90-second
propagandist effort - the Vitagraph Company's fictitious Tearing Down the
Spanish Flag (1898), produced in the year of the Spanish-American War.
It portrayed a faked, reconstructed version of the seizure of a Spanish government
installation in Havana by U.S. Army troops, the removal of the foreign flag,
and its replacement by the Stars and Stripes. -------------------------------------------