I meant to reply to this last night--actually, I did reply, but Firefox 'sploded on me just when I was about to hit "Post." Gotta love technology.
Anyway, my understanding of things is that ashcans would be fair game. They were created for the specific purpose of registering it with the Copyright Office, and since it's not a part of any continuing series or really of interest for Intellectual Property, would rarely be renewed when the time came. If anybody happens to be passing through Washington, DC, it might not be a bad idea to stop by the Library of Congress to see what one's grubby mitts can be lain upon. Or something.
Now, Motion Picture Funnies, I think, is a different animal entirely. If memory serves me right (and please correct me if I'm wrong), it was created as a promotional giveaway and then essentially forgotten. If that's the case, then it might not have been registered with the Copyright Office (that, I don't know how to check) and never really "published," meaning that it's an "Unpublished Work." The rule for those is the European rule: Life of the author plus seventy years (or a hundred twenty, if it was corporate owned).
Please don't take this as gospel, though. I would very much like to be wrong and for Motion Picture Funnies to be fair game.
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Edit: Heritage didn't think it was distributed when they sold a copy a couple years back:
http://www.ha.com/common/info/press/default.php?ReleaseID=935The next thing to do would be to search the Library of Congress records for the book. If it was registered in 1939, then it was published and therefore has lapsed into the public domain. If it wasn't registered, then it's unpublished and will be carried into the public domain by flying pigs, so to speak. I'm trying to figure out the web interface, but it's dizzying and not entirely clear on what it searches...