This is a faithful photographic reproduction of a two-dimensional,
public domain
work of art. The work of art itself is in the public domain in its
source country
for the following reason:
Public domain
Public domain
false
false
This work is in the
public domain
because it
is a work contracted by subversive factions of self-proclaimed
Communist Party of Peru
, such as '
Shining Path
' or 'SL', and 'Militarized Communist Party of Peru' or 'MPCP'; which terrorist organization operates in a territory (called "República Popular del Perú" subsequently located in
VRAEM
, where they reside prior to the publication of the work)
not administratively recognized by the government of Peru to be integrated into copyright law
(conflict zone, Law No. 27795 Art. 4.3, of Demarcation and Territorial Organization).
Due to being under sanction,
the works carried out by and for this terrorist organization are restricted from obtaining or acquiring property in
Peru
and the
United States
, as well as other countries, according to the extinction law
(see
its legal explanation in COM:Peru
). They are also prohibited from enjoying the benefits of the Penal Code, including takedown in crimes against copyright and related rights provided by Indecopi (see Art. 30 DL 822 and
Art. 3 Law 29936
).
As such, this type of organization is in a disputed territory and under control of the Public Ministry, as well as the Peruvian State, the organization is excluded to private property in Peruvian territory according to the laws, articles 70, 71 and 73 of the
1993 Peruvian Constitution
and Decision 351 of the Andean Community (by requiring its publisher as a legal entity). To avoid its claim of works produced in Peru,
the bileteral agreement between Peru and the United States
excludes the organizations in dispute from being part of the FTA between both countries
(question 61, see also Annex 1.3 of Chapter One at
Peru - United States Trade Promotion Agreement
.). As such, it cannot be covered by the
URAA
since it does not include the VRAEM as Peruvian territory and its organization also has been subject to U.S. restrictions since its
inclusion on the FTO list in 1997
(
old version
) under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. Chapter 35) and the PATRIOT Act (18 U.S.C. Chapter 113B).
Warning: This template applies only to
criminal works created in ocupated territory and transferred to organizations that are excluded from Indecopi's copyright protection
(specifically about the Law of Extinction of Property and Peruvian constitution). Other non-transferred works such as literary, artistic or scientific works of individuals could be rehabilitated by their relatives to protect theirs in their private domain.
https://creativecommons.org/publicdomain/mark/1.0/
PDM
Creative Commons Public Domain Mark 1.0
false
false
It is also in the public domain in the
United States
for the following reason:
Public domain
Public domain
false
false
This work is in the
public domain
because it
is a work contracted by subversive factions of self-proclaimed
Communist Party of Peru
, such as '
Shining Path
' or 'SL', and 'Militarized Communist Party of Peru' or 'MPCP'; which terrorist organization operates in a territory (called "República Popular del Perú" subsequently located in
VRAEM
, where they reside prior to the publication of the work)
not administratively recognized by the government of Peru to be integrated into copyright law
(conflict zone, Law No. 27795 Art. 4.3, of Demarcation and Territorial Organization).
Due to being under sanction,
the works carried out by and for this terrorist organization are restricted from obtaining or acquiring property in
Peru
and the
United States
, as well as other countries, according to the extinction law
(see
its legal explanation in COM:Peru
). They are also prohibited from enjoying the benefits of the Penal Code, including takedown in crimes against copyright and related rights provided by Indecopi (see Art. 30 DL 822 and
Art. 3 Law 29936
).
As such, this type of organization is in a disputed territory and under control of the Public Ministry, as well as the Peruvian State, the organization is excluded to private property in Peruvian territory according to the laws, articles 70, 71 and 73 of the
1993 Peruvian Constitution
and Decision 351 of the Andean Community (by requiring its publisher as a legal entity). To avoid its claim of works produced in Peru,
the bileteral agreement between Peru and the United States
excludes the organizations in dispute from being part of the FTA between both countries
(question 61, see also Annex 1.3 of Chapter One at
Peru - United States Trade Promotion Agreement
.). As such, it cannot be covered by the
URAA
since it does not include the VRAEM as Peruvian territory and its organization also has been subject to U.S. restrictions since its
inclusion on the FTO list in 1997
(
old version
) under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. Chapter 35) and the PATRIOT Act (18 U.S.C. Chapter 113B).
Warning: This template applies only to
criminal works created in ocupated territory and transferred to organizations that are excluded from Indecopi's copyright protection
(specifically about the Law of Extinction of Property and Peruvian constitution). Other non-transferred works such as literary, artistic or scientific works of individuals could be rehabilitated by their relatives to protect theirs in their private domain.
https://creativecommons.org/publicdomain/mark/1.0/
PDM
Creative Commons Public Domain Mark 1.0
false
false
The official position taken by the Wikimedia Foundation is that "
faithful reproductions of two-dimensional public domain works of art are public domain
".
This photographic reproduction is therefore also considered to be in the public domain in the United States.
In other jurisdictions, re-use of this content may be restricted;
see
Reuse of PD-Art photographs
for details.
Legal disclaimer
This image contains a symbol
prohibited
by law in some nations
, owing to it being a representation of
communism
,
socialism
, or a similar governmental structure; or of an associated
political party
/organization: