Regarding Legal Status of NOTLD:

**Dawg** · 12-Apr-2007

Go here and read the article: http://en.wikipedia.org/wiki/Public_domain

What I found:

1) Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes.

2) It is held under Feist v. Rural that Congress does not have the power to re-copyright works that have fallen into the public domain.

3) Until the Berne Convention Implementation Act of 1988, the lack of a proper copyright notice would force an otherwise copyrightable work into the public domain, although for works published between 1978 and 1989, this defect could be cured by registering the work with the Library of Congress within 5 years of publication.

4) In the past, in some jurisdictions such as the USA, a work would enter the public domain with respect to copyright if it was released without a copyright notice.

So, in conclusion,

a) You can release the original commerically if it fell into public domain.

b) You can release your own take on the original commerically if it fell into public domain. (Probably can regardless if it was done differently anyway, not sure.)

c) Congress can not re-copyright works in public domain with exceptions for war. (Explained in article.)

d) Lack of copyright notice prior to 1988 forced the work into public domain.

So, from what I can conclude, if it is public domain, it is public domain indefinitely.

Dawg