Do not remove this tag until the deletion nomination is closed.
Reason for the nomination:
Photo taken in Italy in 1980. It is currently in the public domain in its country of origin (20 years after creation), but it was not in 1996 at URAA time. Thus, it is still copyrighted in the US. Following COM:PCP we cannot keep it.
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{{subst:delete2|image=File:Cutugno vincitore Festival di Sanremo 1980.jpg|reason=Photo taken in Italy in 1980. It is currently in the public domain in its country of origin (20 years after creation), but it was not in 1996 at URAA time. Thus, it is still copyrighted in the US. Following COM:PCP we cannot keep it.}} ~~~~
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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
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:
wasn't in copyright in the United States due to being registered for copyright there (see Commons:Copyright tags#United States for most cases) and
was created prior to 1976 and published prior to 1978 — then it was out-of-copyright in Italy on the URAA date of restoration (January 1, 1996) (17 U.S.C.§ 104A) (in most cases; for all cases, see Template:PD-Italy/US). If so, please add {{PD-1996}} in addition to this copyright tag. If the image was created after 1975 or was published after 1977, please add {{Not-PD-US-URAA}}.
This work is in the public domain in the United States because it meets three requirements:
it was first published outside the United States (and not published in the U.S. within 30 days),
it was first published before 1 March 1989 without copyright notice or before 1964 without copyright renewal or before the source country established copyright relations with the United States,
it was in the public domain in its home country (Italiya) on the URAA date (January 1, 1996 for most countries).
For background information, see the explanations on Non-U.S. copyrights. Note: This tag should not be used for sound recordings.
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