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This file is in the public domain, because Copyright Act of Cuba. The photo was used for the first time in 1965. It is in the public domain by Decree Law no. 156, September 28, 1994, to amend part of Law no. 14 December 28, 1977, Copyright Act (Article 47) which states that the pictures fall into the public domain 25 years after its first use.

  • Also this photo is owned by the Cuban government and was released by it. Cuba did not sign the Berne Convention until 1997, and this photo was taken and publicized many years before that

Ernesto Che Guevara in Moscow, Russia

Date 1965
Source Museo Che Guevara (Centro de Estudios Che Guevara en La Habana, Cuba)
Author anonimous
( Reusing this file)
Public domain This work was created in Cuba and is now in the public domain because its term of copyright has expired. According to Cuban law #14 and subsequent amendments, copyright terms in Cuba are the following:
Type of material Copyright has expired in Cuba if ... Copyright has expired in the US if...¹
Photographs Used more than 25 years ago 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 1923
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 1923
For a file to be hosted on Wikimedia Commons, it must be in the public domain in both Cuba and the United States.
¹For 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.
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