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This pre-1953 Japanese film or image thereof, directed by a person who died more than 38 years ago, is now in the public domain.
This is because in July 2006, a Japanese court ruled that all films produced in Japan prior to 1953 were exempt from a change of copyright law changing the term for cinematographic works from 50 years after publication to 70 years. [1][2][3].
However, the Tokyo District Court ruled on 17 September 2007 that films by Akira Kurosawa (died 1998) remain copyrighted until 2036, ruling that an older pre-1971 law applies. That old law kept copyright protection for 38 years after the creator's death.
In 2008, the Intellectual Property High Court affirmed the lower court's decision. The report states the "Japanese Intellectual Property High Court ruling that establishes the Tokyo District Court's September 2007 decision to be correct," and that "the preceding judge Nobuyoshi Tanaka is quoted as stressing that 'the copyright over films is protected for 38 years from the year after the death of the director.'"
Please note that public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. The file must have an additional copyright tag indicating the copyright status in the United States. See also Copyright rules by territory.
This work may not be in the public domainin the United States because its U.S. copyright was restored by the URAA as it was still copyrighted in its source country (Japan) on the URAA date (1 January 1996). In most cases, it is copyrighted in the U.S. until 95 years after the year in which it was initially published (exceptions are works published after 1977; see Commons:Hirtle chart).This template may not be used for files uploaded after 1 March 2012.
If you are the copyright holder of this file, and do not wish to have it hosted on Commons, please contact our designated agent or nominate the file for deletion, explaining the situation.
{{Information |Description={{en|1=Hajime Izu and Hatae Kishi in "Sensô to heiwa"}} {{ja|1=映画「戦争と平和」の伊豆肇と岸旗江}} |Source=http://www.tamaeiga.org/modules/tinyd1/rewrite/18th/1-26.html |Author=Toho Eiga |Date=1947 |Permission
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