Copyright Law Book Publishing

Copyright Law Book Publishing
Who enforces the copyright on works when the copyright holder is dead? (See details)?

Can you help me understand how US copyright law would apply in a case like this?
Let's say a person writes a book. US law grants immediate copyright protection to the author.
In this case, the author retains the copyright - he does not sell it to a publishing house. Then ten years later he dies intestate and with no hiers. There are about 85 years left on the 95 year term of the copyright.
Twenty years later someone comes along who wants to republish our author's work.
How big an obstacle is the remaining copyright protection?
Does the state enforce the copyright down to the last day of its term, or has the copyright efectively become moot?
Thank you.

In general, if there are no heirs, there will most likely be an Executor who has control. Locating the probate records is a good start. However, this can become a rather complex subject with a number of possibilities. An excellent article is at:

http://copylaw.com/new_articles/copyterm.html

The interesting question would be to find out (for a specific copyright) when (or even if) the renewal of copyright was exercised from which period of copyright and if not who can exercise such an option.
I realize that this doesn't answer your question in a direct manner, but it points a way to answer the question as you find the various elements applicable to the situation.

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