[derbOac]

I share your perspective; my guess is if it was copyrighted it probably would have had the same status. My guess is it would have been distributed relatively cheaply with the same outcome.

However, I also think it's reasonable to posit it might not have attained the same status had it not gone out of copyright. Easy access can really affect awareness and buzz around films, especially in certain genres like horror.

Horror films were already shifting in tone by 1968. Psycho was a 1960 release, for example, and The Birds was released in 1963. Carnival of Souls has a similar aesthetic as Night of the Living Dead and was released in 1962.

[dfxm12]

The movie invented the zombie genre as we know it today, was made by George Romero, which is a credential in an of itself, and Duane Jones' performance as Ben would stand out today almost as much as it did back then. These points, along with the film being poignant and entertaining as hell would ensure that generation after generation would would keep coming back. Remember, lots of films are out of copyright. Not a lot of such films made as much money or have the staying power as Night of the Living Dead.

On top of this, genre films in general, and horror specifically, if anything, have rabid fans that go out of their way to watch movies because of their genre, regardless of accessibility or buzz. Again, George Romero's involvement alone would make sure that even a passing fan of horror (or budding cinephiles) would seek it out.