Template talk:PD-Brazil-media

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This template does not account for the earlier legislative history in Brazil. The previous law Nº 5.988 of December 14, 1973 granted photos a copyright term of 60 years since their creation (article 45). The 1998 law applied only to works that had not yet fallen into the public domain by then (article 112 of the 1998 law).

Hence, photos published more than 70 years ago or taken before 1938 are PD in Brazil. (Important for photos published long after they were taken.)

For the situation of Brazilian works in the U.S., we have to consider the en:URAA. Brazil is a member of the Berne Convention since 1922. In 1996, Brazil still had that "60 years since creation" term for photos. Thus Brazilian photos created before 1936 (1996 - 60) did not have their copyright restored in the U.S.

The template could be updated to reflect this. Lupo 23:09, 23 November 2007 (UTC)

The 9610/98 revokes all the previous ones, including the 5988/73:
“Art. 115. Ficam revogados os arts. 649 a 673 e 1.346 a 1.362 do Código Civil e as Leis nºs 4.944, de 6 de abril de 1966; 5.988, de 14 de dezembro de 1973, excetuando-se o art. 17 e seus §§ 1º e 2º; 6.800, de 25 de junho de 1980; 7.123, de 12 de setembro de 1983; 9.045, de 18 de maio de 1995, e demais disposições em contrário, mantidos em vigor as Leis nºs 6.533, de 24 de maio de 1978 e 6.615, de 16 de dezembro de 1978.”
IANAL but despite the fact that Wikimedia Foundation can be allowed to host these works according to this reasoning (@1996 the brazilian law for copyright is still the 1973 one), brazilian wikimedians aren't allowed to upload/download these contents (and this may conflicts with the licensing policy for at least all Portuguese Wikimedia projects)
btw I will be glad if someone points to me the source of the reasoning for the {{PD-1996}} @ en.wikisource. This may be helpful to play a while on copyrights to restore back to public domain works from Brazil and Portugal that the american non-acceptance of the rule of the shorter term copyrights back; @1996 Brazil is pd-old-60 after death on all sceneries and Portugal pd-old-50 after death on all sceneries for texts, @2007 Brazil and Portugal is pd-old-70 after death if the work was originally published during the author's life.
Lugusto 21:43, 3 December 2007 (UTC)
Of course the 1998 law revoked the 1973 law, but it also said clearly that the new terms of the 1998 law applied only to works on which the old copyright term from the 1973 law had not yet expired:
Art. 112. Se uma obra, em conseqüência de ter expirado o prazo de proteção que lhe era anteriormente reconhecido pelo § 2º do art. 42 da Lei nº. 5.988, de 14 de dezembro de 1973, caiu no domínio público, não terá o prazo de proteção dos direitos patrimoniais ampliado por força do art. 41 desta Lei.
The PD-1996 comes from the en:URAA. The URAA restored copyrights on foreign works in the U.S. if these works were still copyrighted in their source country. By the then valid Brazilian law, photos created before 1936 were no longer copyrighted in Brazil in 1996, and thus their copyright was not restored in the U.S. And because of Art. 112 quoted above, such photos also are PD in Brazil. I don't know what their status would be in Portugal, but note that Portugal is an EU member, and the EU does use the en:rule of the shorter term with respect to non-EU countries. Brazil is not an EU country. Lupo 08:08, 4 December 2007 (UTC)