This work was first published in
Romania
and is now in the
public domain
because its copyright protection has expired by virtue of the
Law on Copyrights
, enacted 2004, 2005 and 2006, amended 2010. This may be due to the work expiring under the terms of
Decree No. 321 of 1956
prior to the enactment of the 1996 law. The work meets one of the following criteria:
It is an anonymous work or pseudonymous work and 70 years have passed since the date of its publication
It is a photographic work and 70 years have passed since the year of its publication
It is another kind of work, and 70 years have passed since the year of death of the author (or last-surviving author)
It is another kind of work, the author is a legal entity („persoană juridică” - not a person) and 50 years have passed since the date of its publication
The copyright is owned by the author's descendants, and the author died before 1946 (50 pma)
The copyright is owned by someone older than 25 other than immediate family or descendants, and the author died before 1981 (15 pma)
It is a dictionary or encyclopedia published before 1976 (20 years from publication; use
{{PD-RO-1956}}
)
It is an artistic photograph, part of a series, published before 1986 (use
{{PD-RO-photo}}
)
It is an isolated artistic photograph published before 1991 (use
{{PD-RO-photo}}
)
Public domain
Public domain
false
false
According to the
Decree no. 321/1956 of June 18,
1956
Chapter 1 Article 7
, non-artistic photographs were not expressly protected by copyright. Artistic photographs taken between 1956 and 1996 are protected by copyright for a limited term, as follows:
(b) 10 years since issuance for the author of an artistic photographic series
(c) 5 years since issuance for the author of an isolated artistic photograph
Of the aforementioned photographs, those whose term hadn't expired before 1996 received a considerable prolongation, according to the
Romanian Law on Copyright and Neighboring Rights
Law no. 8/1996 of March 14,
1996
Article 149, Paragraph 3
, modified by
Law no. 285/2004 of June 23,
2004
, Article 128
:
The length of copyright over works that have been
created before
the enforcement of this law and whose
protection terms had not expired
according to the previous legislation are prolonged to the protection term provided by this law.
Therefore, Romanian artistic photographs whose protection term expired before 1996 are now in the public domain. These include
photographic series published before 1986
and
isolated photographs published before 1991
. As a courtesy, please credit the author whenever using the photograph.
Article 88 - (1) The distribution of a work containing a portrait shall require the authorization of the person represented in that portrait. Its author, owner or possessor shall not have the right to reproduce it or communicate it to the public without the consent of the person represented, or that of his successors, for a period of 20 years after the death of the said person. (2) Unless otherwise agreed, authorization shall not be required if the person represented in the portrait is a professional model or has received remuneration for the sitting. (3) Authorization shall not be necessary for the distribution of a work containing the portrait : (a) of a widely-known person, if the portrait was made on the occasion of that person's public activities ; (b) of a person where the representation of that person constitutes only a detail of a work representing an assembly, a landscape or a public function.
Article 89. The distribution of correspondence addressed to a person shall require the authorization of the addressee and, after the addressee's death, for a period of 20 years, that of his successors, unless he has expressed a different wish.
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