English: German General Otto Freter Pico, Commander of the 148th Infantry Division, and General Mario Carloni surrendering to the Brazilian FEB after the battle of Fornovo di Taro. City: Fornovo; Country Italy
Article 41: The author’s economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law;
Article 43: The term of protection of the economic rights in anonymous or pseudonymous works shall be 70 years, counted from the first of January of the year following that of first publication;
Article 44: The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure;
Article 45: In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain:
I. the works of authors deceased without heir;
II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
Article 96: The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organizations and public performance in other cases. Hence, this media file is under no copyrights.See Recursos no domínio público.
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Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).
Public domainPublic domainfalsefalse
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.
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:
wasn't in copyright in the United States due to being registered for copyright there (see Commons:Copyright tags#United States for most cases) and
was created prior to 1976 and published prior to 1978 — then it was out-of-copyright in Italy on the URAA date of restoration (January 1, 1996) (17 U.S.C.§ 104A) (in most cases; for all cases, see Template:PD-Italy/US). If so, please add {{PD-1996}} in addition to this copyright tag. If the image was created after 1975 or was published after 1977, please add {{Not-PD-US-URAA}}.
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