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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: |
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| 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 |
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| 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. |
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