This work is in the public domain both in Brazil and in the United States because it was first published in Brazil (and not published in the U.S. within 30 days) and if it was copyrightable, it was first published before 1 March 1989 without complying with U.S. copyright formalities, such as copyright notice and it is one of the following:
A work whose author died before 1936;
An anonymous work or a work deemed to be anonymous, or a work by a collective person whose authors were not individually identified, published or disclosed before 1936;
Photographic works not considered to be "artistic creations" produced before 20 June 1998. (Includes documentary photography in general (commercial or not), as well as non-artistic photographic portraits. See here for some guidance on this);
Cinematographic, phonographic, photographic and applied arts works completed before 1936.
For background information, see the explanations on Non-U.S. copyrights.
As of 1 January 1996, were in the public domain in Brazil: Works whose author died before 1936; anonymous works, works deemed to be anonymous, or works by a collective person whose authors were not individually identified, first published or disclosed before 1936; all photographic works, and works deemed to be photographic works, which by choice of object and execution conditions couldn't be considered an artistic creation; work published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983; cinematographic, phonographic, photographic and applied arts works completed before 1936. Non artistic photographs continued entering the public domain until 20 June 1998 (not included), when Law 9.610 came into effect, 120 days after publication (pub. 20 Feb 1998).
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.
