This work is in the public domain in Mexico for one of the following reasons:
Its author died before 1952 (Mexico had a term of 30 years after the author's death until 1982,[1] and no copyright term extension in 1982 or later restored copyright to expired works).
It is an artistic or literary work published before 1918 (Mexico had a term of 30 years since publication until 1948).[2]
It is a work of a Mexican government (federal, state, or municipal) and it was published before more than 100 years ago (before 1 January 1925).[3]
Anonymous works are considered in the public domain until the author or the owner of the rights are identified.[4]
You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.
Public domainPublic domainfalsefalse
According to the Decree no. 321/1956 of June 18, 1956 Chapter 1 Article 7, non-artistic photographs were not expressly protected by copyright. Artistic photographs taken between 1956 and 1996 are protected by copyright for a limited term, as follows:
(b) 10 years since issuance for the author of an artistic photographic series
(c) 5 years since issuance for the author of an isolated artistic photograph
Of the aforementioned photographs, those whose term hadn't expired before 1996 received a considerable prolongation, according to the Romanian Law on Copyright and Neighboring Rights Law no. 8/1996 of March 14, 1996 Article 149, Paragraph 3, modified by Law no. 285/2004 of June 23, 2004, Article 128:
The length of copyright over works that have been created before the enforcement of this law and whose protection terms had not expired according to the previous legislation are prolonged to the protection term provided by this law.
Therefore, Romanian artistic photographs whose protection term expired before 1996 are now in the public domain. These include photographic series published before 1986 and isolated photographs published before 1991. As a courtesy, please credit the author whenever using the photograph.
This photograph is in the public domain in Brazil because it was created there before 19 June 1998 and, according to the 1973 Brazilian copyright law, is not considered to be an artistic creation. This applies to documentary photographs in general (commercial or not), as well as non-artistic photographic portraits. See here for some guidance on this.
This work is in the public domain in the United States because it meets three requirements:
it was first published outside the United States (and not published in the U.S. within 30 days),
it was first published before 1 March 1989 without copyright notice or before 1964 without copyright renewal or before the source country established copyright relations with the United States,
it was in the public domain in its home country (Brazil) on the URAA date (1 January 1996).
The 1973 law was in force until being replaced by the current (non-retroactive) Law 9.610 of 19 February 1998 (see translation), which came into effect on 20 June 1998. Photographic works produced after that date follow the Law 9.610 regulations.
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