Criterion's website sure seems to think that it is. [Update 2:53pm CST: Criterion has confirmed to me directly that the rights have expired, so the title is Out Of Print for now, though those rights could still be renewed. You should still get it if you've been thinking about it, since supplies could be dry for a long while even if rights are renewed.] Take this as a warning to grab the Blu-ray ($23.99) while you still can from Amazon.
The transfer and supplements are marvelous on this, one of Criterion's first Blu-ray releases. Cineastes, film professors, and Reed or Welles fans alike, open your wallets while you can. As I said in my review back in February, "it's glorious. I wouldn't change anything when it comes to this transfer. If you "cleaned" it any more, you'd get into the horror show territory that is the Patton Blu-ray disc. The transfer on this disc is a perfect reference for vintage material in HD."