Michael Snow wrote:
... 17 USC 203 ... provides ... that derivative works prepared before termination may continue to be utilized.
I'm not sure if subsequent edits which preserve verbatim text are derivative works. It's certainly worth figuring out. Section 101 of the Copyright Act defines "[a] 'derivative work' as a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted. "The copyright in a derivative work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material." 17 U.S.C. §103(2).
The preexisting material in the original work is part of the derivative work, but the copyright in the derivative work extends only to the material contributed by the author of the derivative work, as distinguished from the preexisting material employed in the work. 17 U.S.C. §103(2). The copyright owner of the derivative-work copyright does not obtain exclusive copyright rights in the preexisting material.
There goes my hopes of my pension.
If the year-over-year increase rate at which the Foundation is able to raise funds stays constant, payment of full "willfully infringing" damages plus a generous pension for all employees and active editors would be easily within reach.