U.S. Public Domain. Hang on because things can get complex when analyzing the public domain. Here are few things to consider.
- Unpublished works. On January 1, 2013, all unpublished works (whenever or wherever created) by authors who died in 1942 will fall into the public domain in the U.S. So, anything by Kharms that hasn't been published will be PD.
- Works Published Before January 1, 1978. The Russian collection of work published in Germany in 1974 would be protected for 95 years under U.S. Copyright provided that it had a valid copyright notice.
- Works Published After January 1, 1978. The Russian collection of work published in Germany in 1978 receives the same term of copyright as if published in the U.S. -- that is, life of the author plus 70 years. So, that also would be public domain in 2013.
Copyright Office Records. It's quite easy to search the Copyright Office Records and we recommend that you do so (choose to search by name and type in "Kharms Daniil"). Our search seems to confirm that there is no copyright claim by Kharms' successors (assuming he has any). By searching the records, you will see that there have been dramatizations and translations, none of which attribute copyright to Kharms, and none of which claim copyright over the original work (only over the translations and modifications).