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File:Mussolini standing on a tank.jpg

Mussolini_standing_on_a_tank.jpg ‎(343 × 271 pixels, file size: 26 KB, MIME type: image/jpeg)

Summary

This is an image of Benito Mussolini standing aloft on the opened gunner's hatch of a CV33 tank, which has been propped up for the occasion (see picture taken at Bovington tank museum for comparison).

Taken between 1933 and 1945, this image has long been in the public domain as per the attached license on Italian copyright laws.

Source:

Licensing

PD-icon.svg This photograph is subject to the provisions of Italy's Law for the Protection of Copyright and Neighbouring Rights because it was either created in Italy or may be considered an Italian work within the meaning of Italian law (Art. 189).

Italian law makes an important distinction between "works of photographic art" and "simple photographs" (Art. 2, § 7). Works of photographic art are protected for 70 years after the author's death (Art. 32 bis), whereas simple photographs are only protected for a period of 20 years from creation (Art. 92).

Simple photographs are defined by the law as "images of persons, or of aspects, elements or events of natural or social life, obtained by photographic or analogous processes, including reproductions of works of figurative art and stills of cinematographic film" (Art. 87).

If this image meets the definition of a simple photograph and was created prior to 1976 and published without a copyright notice before 1 March 1989, then it was out of copyright in Italy on the date of restoration (January 1, 1996) and is currently in the public domain in the United States ( 17 U.S.C. § 104A).		 Flag of Italy.svg
Because Italy has long-standing copyright relations with the United States, some Italian works might have a subsisting U.S. copyright. In such a case, the works in question are not in the public domain in the U.S. even if they meet the above conditions.
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