The
country of origin
of this photograph is Italy. It is in the
public domain
there because its copyright term has expired. According to
Law for the Protection of Copyright and Neighbouring Rights n.633, 22 April 1941
and later revisions,
images of people or of aspects, elements and facts of natural or social life, obtained with photographic process or with an analogue one, including reproductions of figurative art and
film frames
of
film stocks
(Art. 87)
are protected for a period of 20 years from creation
(Art. 92).
This provision shall not apply to photographs of writings, documents, business papers, material objects, technical drawings and similar products
(Art. 87). Italian law makes an important distinction between "works of photographic art" and "simple photographs" (Art. 2, § 7). Photographs that are "intellectual work with creative characteristics" are protected for 70 years after the author's death (Art. 32 bis), whereas simple photographs are protected for a period of 20 years from creation.
Italy
This may not apply in countries that don't apply the
rule of the shorter term
to works from Italy. In particular, these are in the public domain in the United States only if:
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 on the
URAA
date (January 1, 1996 for most countries).
For background information, see the explanations on
Non-U.S. copyrights
.
Note:
This tag should
not
be used for sound recordings.
This is a
featured picture
on Wikimedia Commons (
Featured pictures
) and is considered one of the finest images. See its nomination
here
.
