Movies and Public Domain

Factual Questions
1

I had a discussion regarding the original film Night of the Living Dead. I had said that there have been so many editions released in the last few years because of all the people that actually owned a piece of the film (in other words it wasn’t all Romero’s baby). My “opponent” said that NotLD was in Public Domain and that anyone could release a version of it so long as they had a distributor.

I find this to be extremely improbable. Something becoming PD takes time. A LOT of time. I can’t believe that a film made in the 60’s could be open to anyone with a DVD recorder.

Can anyone out there help me set him straight?

2

When NOTLD was released in 1968, the filmmakers forgot to add a copyright stamp on prints of the film. As a result, in accordance with copyright laws at the time, the film immediately became public domain and has been that way ever since. (The law has since been changed so no more films can accidentally become PD due to clerical error.)

The ironic twist is that anyone who creates a derivative work of the film can claim ownership of their version, which is precisely why you see so many recuts, colorized versions, even versions with newly filmed scenes added. It’s a bit crazy. :smack: