How Night of the Living Dead Accidentally Became Public Domain

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Michael Kennedy is an avid movie and TV fan that's been working for Screen Rant in various capacities since 2014. In that time, Michael has written over 2000 articles for the site, first working solely as a news writer, then later as a senior writer and associate news editor. Most recently, Michael helped launch Screen Rant's new horror section, and is now the lead staff writer when it comes to all things frightening. A FL native, Michael is passionate about pop culture, and earned an AS degree in film production in 2012. He also loves both Marvel and DC movies, and wishes every superhero fan could just get along. When not writing, Michael enjoys going to concerts, taking in live professional wrestling, and debating pop culture. A long-term member of the Screen Rant family, Michael looks forward to continuing on creating new content for the site for many more years to come.

George Romero's Night of the Living Dead is one of the most popular horror films ever, but an unfortunate error accidentally made it public domain. With Night of the Living Dead, Romero created the zombie as we know it today, a walking corpse with little intelligence that craves the flesh of the living. Without Night of the Living Dead, there would be no The Walking Dead, Zombieland, or hundreds of other zombie movies and TV shows. When it comes to zombies, Romero is the godfather.

Romero would of course go on to direct five other zombie films, although most had no explicit connection to each other. Many would argue his greatest was Night's sequel, Dawn of the Dead, although Day of the Dead also has its diehard fans. While Romero might've preferred he not just be known as the guy who makes zombie movies, most of them are so good it's easy to see why he's so closely identified with the sub-genre.

Unfortunately, despite Night of the Living Dead's massive success, Romero never really got the respect from Hollywood he truly deserved, if only because his independent spirit made him reluctant to compromise his creative visions to fit studio mandates. Romero also never achieved the massive fortune he rightfully earned by co-writing and directing Night of the Living Dead, due to a ridiculous error by the film's initial distributor.

This Error Occurred After The Film's Title Was Changed

Night of the Living Dead today exists within the public domain, meaning copies of the film are free to watch and share. That's why the film has had dozens of home video releases by different companies, as all they had to do is acquire a copy of the film, and then they could freely release it without cutting any kind of deal with Romero or his collaborators.

Stills from Rosemary's Baby, Psycho, and Night of the Living Dead

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Night of the Living Dead being public domain is the fault of the film's distributor, who didn't put the required copyright notice on the theatrical prints. This error occurred after the film's title was changed from its original moniker Night of the Flesh Eaters. Prints with that title contained the copyright notice, but when new prints were created using the title Night of the Living Dead, the copyright notice was forgotten.

Night of the Living Dead Being Public Domain Cost George Romero Millions

Romero Didn’t Make Much Money Off The Home Video Releases

As the late, great George Romero lamented publicly on more than one occasion, Night of the Living Dead's copyright snafu ended up costing him untold amounts of money in both the short and long term. Night of the Living Dead made over $30 million at the box office, a massive sum for the late 1960s that Romero saw little of. Romero also didn't make any money off of most of the aforementioned home video releases, outside of some by more reputable companies that saw fit to involve Romero in their products.

Somewhat ironically though, it's Night of the Living Dead's freely available nature that helped it become the revered classic it is today.

Night of the Living Dead also saw multiple theatrical re-releases. Somewhat ironically though, it's Night of the Living Dead's freely available nature that helped it become the revered classic it is today, as easy access and constant TV airings ensured that more and more people saw the film.

Night of the Living Dead Key Facts Breakdown

Budget

$114,000

Box Office

$30 million

Rotten Tomatoes Critics Score

95%

Rotten Tomatoes Audience Score

87%

More: Why George Romero Was Fired From the Resident Evil Movie