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That's a classic "orphan copyright" situation.


Right. And orphan works legislation has tended to be opposed by individual creators or at least the organizations that purport to represent them. The (not totally unreasonable) theory is that individuals or their estates--let's leave aside the fact that copyright terms are almost certainly too long--may well inadvertently not keep on top of what's needed to keep works non-orphaned. But "Disney" (or whoever) will most certainly be ready to pounce on anything they can acquire for free for whatever technical reason.




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