No, Warner will not win and the copyright will be dismissed. For far too long there have been vagaries and nuances to copyright and its extensions that utterly and completely violate the letter and spirit of the law. Copyright is a synthetic monopoly, so to speak, and this case has been high on the radar for a long time - moreso even than the Flo & Eddie issue regarding pre-1972 recordings.
The book was published in 1922. The law changed in 1923. This is as clear as possible, and Warner will lose.
My birthday is coming up, and if the decision comes out as I expect it to in time, then I'll record it myself, release it for free, and return it to the Public Domain so it can be used by whichever artist, filmmaker, business, or entity without the need to pay mechanical rights.
The book was published in 1922. The law changed in 1923. This is as clear as possible, and Warner will lose.
My birthday is coming up, and if the decision comes out as I expect it to in time, then I'll record it myself, release it for free, and return it to the Public Domain so it can be used by whichever artist, filmmaker, business, or entity without the need to pay mechanical rights.