File:Bernardinonogara.jpg
Source. Image taken circa 1912.
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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). |
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