File:04 - Ciglione di Asmara - Cavalletto multiplo.jpg

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Italiano: Ciglione di Asmara - Cavalletto multiplo
Date
Source http://www.ferroviaeritrea.it/teleferica-album-fotografico.html
Author Unknown authorUnknown author

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Public domain
Public domain
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.
Italy
Italy
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:

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Public domain
This work is in the public domain because its copyright expired in Eritrea (details).

This is because its author has died, and 50 years have passed since publication, by the virtue of Articles 1653 and 1670 of the Eritrean Civil code. In the case of anonymous works, the publisher becomes the copyright holder per Article 1667.

Eritrean photographs are only protected if they are part of a collection or book, or bear the name and address of the author or their agent. In all other cases, photographs are not protected by copyright (Article 1662).
Copyright notes

Copyright notes 		Per U.S. Circ. 38a, the following countries are not participants in the Berne Convention or Universal Copyright Convention and there is no presidential proclamation restoring U.S. copyright protection to works of these countries on the basis of reciprocal treatment of the works of U.S. nationals or domiciliaries:
  • Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, Palau, Somalia, Somaliland, and South Sudan.

As such, works published by citizens of these countries in these countries are usually not subject to copyright protection outside of these countries. Hence, such works may be in the public domain in most other countries worldwide.

However:

  • Works published in these countries by citizens or permanent residents of other countries that are signatories to the Berne Convention or any other treaty on copyright will still be protected in their home country and internationally as well as locally by local copyright law (if it exists).
  • Similarly, works published outside of these countries within 30 days of publication within these countries will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of these countries, the term of such copyright protection may exceed the term of copyright inside them.
  • Unpublished works from these countries may be fully copyrighted.
  • A work from one of these countries may become copyrighted in the United States under the URAA if the work's home country enters a copyright treaty or agreement with the United States and the work is still under copyright in its home country.
Eritrea has enacted Provisional Commercial Code of Eritrea and Provisional Civil Code of Eritrea (extracts relating to intellectual property rights) which came into force on 1993.

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