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The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Key among them is the extent to which pre-1978 works first published abroad without proper copyrightnotice are still protected under U.S. copyright law. and abroad for years.
If the work was published with proper copyrightnotice, it received a federal statutory copyright. If the work was published without proper copyrightnotice, the work entered the publicdomain. Simon & Schuster published essentially the entire copyrighted work(s), with only minimal edits.
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