Which scenario is correct regarding unpublished works before 1978?

The scenario that states unpublished works before 1978 remain protected for a limited time even if they are never published is correct. Under copyright law, works that were created before January 1, 1978, but were never published, generally receive a copyright protection for the life of the author plus a certain number of years, often fulfilling a minimum duration of protection. This reflects the intent of copyright law to safeguard the rights of authors, allowing them to establish ownership over their creative work regardless of its public availability.

Unpublished works are afforded protection to prevent unauthorized use and reproduction, ensuring that the creator has control over how their work is shared or disseminated. This form of protection also acknowledges that authors may choose not to publish their work for various reasons while still retaining copyright rights.

While it’s true that published works introduced certain additional legal complexities, the essential understanding is that unpublished works still maintain a degree of protection under copyright laws established prior to 1978, aligning with the philosophy of protecting intellectual property.