ملف:Gino Pestelli.jpg

Italian law makes an important distinction between "works of photographic art" and "simple photographs" (Art. 2, § 7). Works of photographic art are protected for 70 years after the author's death (Art. 32 bis), whereas simple photographs are only protected for a period of 20 years from creation (Art. 92).

Simple photographs are defined by the law as "images of persons, or of aspects, elements or events of natural or social life, obtained by photographic or analogous processes, including reproductions of works of figurative art and stills of cinematographic film" (Art. 87).

If this image meets the definition of a simple photograph and was created prior to 1976 and published without a copyright notice before 1 March 1989, then it was out of copyright in Italy on the date of restoration (January 1, 1996) and is currently in the public domain in the United States (17 U.S.C. § 104A). Outside the US, reusers may need to check the copyright status of this image in their local jurisdiction.

Full source, publication date and authorship information should be provided.

• it was first published outside the United States (and not published in the U.S. within 30 days) and
• it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and
• it was in the public domain in its home country on the URAA date (January 1, 1996 for most countries).