The copyright of this image has expired in the European Union because it was published more than 70 years ago without a public claim of authorship (anonymous or pseudonymous), and no subsequent claim of authorship was made in the 70 years following its first publication.
To use this template, the image must meet both of the following two conditions:
published over 70 years ago, and
the original author's actual identity was not publicly disclosed in connection with this image within 70 years following its publication.
Images that lack either of these two conditions should not use this template.
Reasonable evidence must be presented that the author's name (e.g., the original photographer, portrait painter) was not published with a claim of copyright in conjunction with the image within 70 years of its original publication. Works which had not entered Public Domain in their country in 1996 that were uploaded before 1 March 2012 should be marked additionally with {{Not-PD-US-URAA}}.
Note: In some countries anonymous works are copyrighted until 70 years after the death of the author if the author's identity became public in any way during the original term. In Germany this applies to certain works published before July 1, 1995; see Übergangsrecht.
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}}.
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 (Italy) on the URAA date (1 January 1996).
For background information, see the explanations on Non-U.S. copyrights. Note: This tag should not be used for sound recordings.
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