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 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.
Romania personality rights law
Article 88 - (1) The distribution of a work containing a portrait shall require the authorization of the person represented in that portrait. Its author, owner or possessor shall not have the right to reproduce it or communicate it to the public without the consent of the person represented, or that of his successors, for a period of 20 years after the death of the said person. (2) Unless otherwise agreed, authorization shall not be required if the person represented in the portrait is a professional model or has received remuneration for the sitting. (3) Authorization shall not be necessary for the distribution of a work containing the portrait : (a) of a widely-known person, if the portrait was made on the occasion of that person's public activities ; (b) of a person where the representation of that person constitutes only a detail of a work representing an assembly, a landscape or a public function.
Article 89. The distribution of correspondence addressed to a person shall require the authorization of the addressee and, after the addressee's death, for a period of 20 years, that of his successors, unless he has expressed a different wish.
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