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File:Carmen Miranda com o Bando da Lua, Los Angeles 1942.jpg

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English: Carmen Miranda (ao centro) durante intervalo das filmagens do filme, Minha Secretária Brasileira (Título em inglês: Springtime in the Rockies), por volta de 1942.
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This is a publicity photo taken to promote a cinema film. As stated by film production expert Eve Light Honthaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.)"Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary."

Nancy Wolff, includes a similar explanation:

"There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.)

Film industry author Gerald Mast, in Film Study and the Copyright Law (1989) p. 87, writes:

"According to the old copyright act, such production stills were not automatically copyrighted as part of the film and required separate copyrights as photographic stills. The new copyright act similarly excludes the production still from automatic copyright but gives the film's copyright owner a five-year period in which to copyright the stills. Most studios have never bothered to copyright these stills because they were happy to see them pass into the public domain, to be used by as many people in as many publications as possible."
Kristin Thompson, committee chairperson of the for Cinema and Media Studies writes in the conclusion of a 1993 conference with cinema scholars and editors, that they "expressed the opinion that it is not necessary for authors to request permission to reproduce frame enlargements. . . [and] some trade presses that publish educational and scholarly film books also take the position that permission is not necessary for reproducing frame enlargements and publicity photographs."
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According to Brazilian copyright law (Law 9.610 of February 19, 1998; see translation):
  • Article 41: The author’s economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law;
  • Article 43: The term of protection of the economic rights in anonymous or pseudonymous works shall be 70 years, counted from the first of January of the year following that of first publication;
  • Article 44: The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure;
  • Article 45: In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain:
    • I. the works of authors deceased without heir;
    • II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
  • Article 96: The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organizations and public performance in other cases. Hence, this media file is under no copyrights. See Recursos no domínio público.

You must also include a United States public domain tag to indicate why this work is in the public domain in the United States. Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

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This work is in the public domain because it was published in the United States between 1929 and 1963, and although there may or may not have been a copyright notice, the copyright was not renewed. For further explanation, see Commons:Hirtle chart and the copyright renewal logs. Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.

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