Copyright issues can arise in unexpected places, as demonstrated by “Night of the Living Dead.” This classic film, released in 1968, serves as a cautionary tale about the importance of copyright awareness in creative works.
The Backstory
“Night of the Living Dead”, an independent horror film, quickly became a classic for its early depiction of zombies. The film served as a catalyst for zombie culture in film and tv, that showed individuals rising from the dead and creating chaos. With the success of the film one would think that the creators, George Romero, would have benefited from its royalties, however the film ultimately ended up in the public domain keeping Romero from fully capitalizing off its success.
Photo: Night of the Living Dead (1968)
The Nightmare
Original copyright law dating back to 1909, essentially required that an original work include a copyright statement. The film which was originally intended to be named “Night of the Flesh Eaters”,underwent a name change when the distributor changed the name but accidentally removed the copyright statement. Unfortunately the statement was never added back to the movie. This oversight resulted in the film ending up not only in theaters but also the public domain.
The Upside
Fortunately the error did not stop the creators from successfully making money off of the movie’s sequels and copyright laws of the late 1970’s no longer hold the same formalities. It is however important to note that Creators should understand the importance of registering their work with the U.S. Copyright Office and how this legal step can provide protection for your creative output.
Ways to Protect Your Work
- Always Register Your Work: This legal step provides protection and strengthens your rights over your creative output.
- Monitor Your Work: Once your work is out in the world, keep an eye on its usage. Platforms like Google Alerts can help you track unauthorized use of your content. If you find infringement, consider reaching out for resolution before escalating to legal action.
- Seek Legal Advice: If you have questions about copyright law, don’t hesitate to consult with a legal expert. An attorney specializing in intellectual property can provide guidance tailored to your situation.
The story of “Night of the Living Dead” serves as a powerful reminder of the importance of copyright in the creative industry. By taking proactive steps to protect your work, you can avoid the pitfalls that befell the film’s creators. Register your creations, understand the concept of fair use, and stay vigilant. Protecting your intellectual property ensures that you can continue to create and thrive in your artistic endeavors.
Want to learn more about filing your own copyright application? Need assistance? Feel free to call or email us at (713) 364-4796 or admin@madan-law.com.