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
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.