Selling games based on Public Domain material?

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I know... The film I'm actually interested is "The Cabinet of Dr. Caligari" which was made in 1920-s, so the copyright had obviously expired... It had a remake of sorts in 60-s called "The Cabinet of Caligari" and a fan remake (a very impressive one I might add) in 2005.
NOTLD is officialy PD since I've seen quite a lot of interviews about it (It's one of those very unfortunate copyright stories where the prodcut is getting recognized, making some money domestically and overseas, spawns a cult, but the filmmaker isn't getting a penny).