Overview
The widespread cultural impact and accessibility of Night of the Living Dead stem from a copyright mistake, which resulted in the film entering the public domain and shaping the modern zombie genre.
Night of the Living Dead and Zombies
- Night of the Living Dead redefined zombies from Haitian voodoo lore to flesh-eating “ghouls.”
- Romero considered his creatures to be a new monster, not traditional zombies.
- The film’s interpretation became the new standard for zombies in popular culture.
Copyright Error and Public Domain
- The film lost copyright protection because the required symbol was omitted from the revised title card after a last-minute name change.
- Under the 1909 Copyright Act, failure to display the copyright notice meant automatic entry into the public domain.
- The 1976 Copyright Act altered these requirements, but it came too late for Night of the Living Dead.
Industry and Cultural Impact
- The film’s public domain status allowed widespread, free distribution and frequent use in other media.
- It became an accessible template for low-budget filmmakers, boosting the zombie genre’s popularity.
- Without the copyright lapse, Romero could have exclusively controlled the modern zombie concept, similar to Universal’s hold over Frankenstein’s monster.
Comparisons and Copyright Examples
- Universal retains exclusive rights to the distinctive look of its Frankenstein’s monster, despite Frankenstein being public domain.
- Similar legal actions prevented others from mimicking Universal’s unique adaptations.
Alternate History and Legacy
- Had copyright been retained, zombie media like Shaun of the Dead, Resident Evil, and The Walking Dead might not exist.
- Every modern zombie film, show, game, and comic traces its roots to Romero’s film.
- Despite imitators, Romero’s original trilogy is still considered the pinnacle of zombie cinema.
Recommendations / Advice
- Watching Night of the Living Dead is encouraged, as it remains freely available and influential.
- For those interested in copyright law, resources like "Information Doesn’t Want to Be Free" and the Blinkist app are recommended.