â Donald J. Trump (@realDonaldTrump) December 25, 2017. Yeah, so, why did he like that subtweet of the Grinchâs tiny heart? Does he think anything Christmas-related, no matter how tangential, must be fought for at all costs? Would he have liked a picture of Tim Allen in The Santa Clause? What about a still from Die Hard?
If the Copyright Office has no confirmation that a composer or song-writer is still living and it has been 75 years since the first copyright protection order was granted, or 100 years since the recognized creation date of the piece, it becomes public domain.
Unless the item has entered the public domain, yes, it is still protected. Just because something is out of print does not mean that it is no longer protected by copyright. Under today's law, extends until 70 years after the death of the creator of the work. Here is a link to a table on when items pass into the public domain (i.e. are no longer protected by copyright).