This photo, movie, sound recording or work of applied art finished by December 31, 1935 (and not published in the U.S. within 30 days) is public domain both in Brazil and United States because it was first published in Brazil and entered the public domain 60 years after creation.
The protection term of 60 years was the effective one, according to art. 45 Lei 5988/1973. It was already public domain when legislation changed in 1998 and remains so according to art 5, XXXVI, Constituição da República Federativa do Brasil de 1988. Lei 5988/1973 was also the effective law on the URAA date (January 1, 1996).
Article 41: The author’s economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law;
Article 43: The term of protection of the economic rights in anonymous or pseudonymous works shall be 70 years, counted from the first of January of the year following that of first publication;
Article 44: The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure;
Article 45: In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain:
I. the works of authors deceased without heir;
II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
Article 96: The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organizations and public performance in other cases. Hence, this media file is under no copyrights.See Recursos no domínio público.
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).
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You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.
