This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
Public domainPublic domainfalsefalse
According to the Law 13714 (1961), under the administration of the Manuel Prado government, and article 4.3 of the Universal Copyright Convention this photograph entered the public domain in Peru before 1996 because it was taken and performed from negative to paper or similar before 31 December 1975 and was protected for 20 years from its first copy disclosed as of January 1 of the following year.
In the case of copies disclosed for first time since 1976 by other person, D.L. 822 (1996) establishes that the shots made before 31 December 1953 automatically enter the public domain, 70 years after their creation from January 1 of the following year. For more information see the Peru copyright page.
It is understood that simple photograph is when the author did not include exclusively for his/her literary or scientific work. Not apply for reproduction of copyrighted artistic work "of private domain" or documentary work . If the photo is assigned by a publisher, also photojournism, the exclusive rights of circulation by this one are for 5 years without extending the duration. Indicate the name of the author or owner of the photo is necessary with the date of publication. Warining: D.L. 822 says that some works "enjoying the longest terms of protection recognized by this Law" but denies retroactivity for expired works. A template is necessary explaining why they are in the public domain in the United States.
Exceptions: those published for first time between 1976 and 1996 protection may vary, except those were not renewed in this year and URAA date of 1996 if: the owner was never known or did not carry the "prohibition of reproduction" tag for material published before 1981 (use {{PD-Peru-anonymous}} if required), unpublished media created before 1926 or material from an author who died before 1931 (use {{PD-Peru-1961law}} if required).
This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.
Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.
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