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First published in Cuba without compliance with US copyright formalities and used in Cuba before February 20, 1972
Anonymous works (not photographs)
Used more than 50 years ago
First published in Cuba without compliance with US copyright formalities and used in Cuba before February 20, 1947
Corporate and government works
Never (perpetual copyright)
Published before 1929 (95 years ago)
All other works
More than 50 years has passed since the 1st of January following the death of the author
a) Published in Cuba without compliance with US copyright formalities, author died before 1947 or b) Published before 1929 (95 years ago)
Note 1: For a file to be hosted on Wikimedia Commons, it must be in the public domain in both Cuba and the United States.
¹ For a work to be public domain in the United States, its copyright must have expired in Cuba before Cuba joined the Berne Convention on February 20, 1997.
Note 2: Notwithstanding the conditions set above, the state of Cuba may decide to transfer to the state the copyright on works when the copyright term for the creator of it has expired, as set by the 48º article of Cuban Copyright law. Such works would not be free of copyright, and may be deleted at any time.
This work is in the public domain because it was published in the United States between 1929 and 1963, and although there may or may not have been a copyright notice, the copyright was not renewed. For further explanation, see Commons:Hirtle chart and the copyright renewal logs. Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.
"Publicity photos have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary." Film industry author Gerald Mast, in Film Study and the Copyright Law (1989) p. 87, writes:
"According to the old copyright act, such production stills were not automatically copyrighted as part of the film and required separate copyrights as photographic stills. The new copyright act similarly excludes the production still from automatic copyright but gives the film's copyright owner a five-year period in which to copyright the stills. Most studios have never bothered to copyright these stills because they were happy to see them pass into the public domain, to be used by as many people in as many publications as possible."
See also film still article, which explains that publicity photos were traditionally not copyrighted.
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