This photograph is in the public domain in Japan because its copyright has expired according to Article 23 of the 1899 Copyright Act of Japan (English translation) and Article 2 of Supplemental Provisions of Copyright Act of 1970. This is when the photograph meets one of the following conditions:
To uploader: Please provide the source and publication date.
If the photograph was also published in the United States within 30 days after publication in Japan, it might be copyrighted. If the copyright has not expired in the U.S, this file will be deleted. See Commons:Hirtle chart.
This template should not be used for a faithful photographic reproduction of an artwork. Under Article 23 of the former Copyright Act, its protection will be consistent with the artwork. See also Commons:When to use the PD-Art tag.
This pre-1953 Japanese film or image thereof, directed by a person who died more than 38 years ago, is now in the public domain.
This is because in July 2006, a Japanese court ruled that all films produced in Japan prior to 1953 were exempt from a change of copyright law changing the term for cinematographic works from 50 years after publication to 70 years. [1][2][3].
However, the Tokyo District Court ruled on 17 September 2007 that films by Akira Kurosawa (died 1998) remain copyrighted until 2036, ruling that an older pre-1971 law applies. That old law kept copyright protection for 38 years after the creator's death.
In 2008, the Intellectual Property High Court affirmed the lower court's decision. The report states the "Japanese Intellectual Property High Court ruling that establishes the Tokyo District Court's September 2007 decision to be correct," and that "the preceding judge Nobuyoshi Tanaka is quoted as stressing that 'the copyright over films is protected for 38 years from the year after the death of the director.'"
Please note that public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. The file must have an additional copyright tag indicating the copyright status in the United States. See also Copyright rules by territory.
French
Deutsch
.jpg)
