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.
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.
The copyright situation of this work is theoretically uncertain, because in the country of origin copyright lasts 70 years after the death of the author, and the date of the author's death is unknown. However, the date of creation of the work was over 120 years ago, and it is thus a reasonable assumption that the copyright has expired (see
here for the community discussion). Do not use this template if the date of death of the author is known.
You must also include a
United States public domain tag to indicate why this work is in the public domain in the United States. 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).