File:Kate Bush Hounds of Love (1985 EMI publicity photo) 02.jpg

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Original file ‎(1,517 × 1,003 pixels, file size: 1.34 MB, MIME type: image/jpeg)

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This media file has been nominated for deletion since 2 August 2024.
To discuss it, please visit the nomination page.

Do not remove this tag until the deletion nomination is closed.

Reason for the nomination:
Neither whether the image is still copyrighted in the US nor whether URAA applies is the main issue. The main issue is authorship and its country of origin. EMI America is an American division or entity of the parent UK company, EMI. It may not have been an American work but rather British. Guido Harari may have photographed the photo, but it must have been a work for hire. Under the UK copyright, the photo is still copyrighted and has seventy years after first publication (1985) or author's lifetime. If the former, then copyrighted till 2056.
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Summary

[edit]
Description
English: Kate Bush in a publicity photo for her album Hounds of Love, circa 1985.
Date
Source Worthpoint, Worthpoint 2, ebay, Close-up
Author Guido Harari; Distributed by EMI America
Permission
(Reusing this file)
English: This is a publicity still taken and publicly distributed to promote the subject or a work relating to the subject.
  • As stated by film production expert Eve Light Honathaner 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, in The Professional Photographer's Legal Handbook (Allworth Communications, 2007, p. 55.), notes:
    "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."
  • 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 Society for Cinema and Media Studies writes in the conclusion of a 1993 conference of cinema scholars and editors[1], that:
    "[The conference] 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."
Other versions
Image extraction processThis file has an extracted image: Kate Bush Hounds of Love (1985 EMI publicity photo) 02 (cropped).jpg.
lang=en

Licensing

[edit]
This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
Public domain
This work is in the public domain because it was published in the United States between 1978 and March 1, 1989 without a copyright notice, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years. Unless its author has been dead for several years, it is copyrighted in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada (50 pma), Mainland China (50 pma, not Hong Kong or Macau), Germany (70 pma), Mexico (100 pma), Switzerland (70 pma), and other countries with individual treaties. See this page for further explanation.

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This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.

Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.
Is this work in the public domain in my country?
Asia
China Not public domain until 2037
India Not public domain until 2047
Iran Not public domain until 50 years after author's death
Iraq Public domain
Israel Not public domain until 2036
Japan Not public domain until 50 years after author's death
Pakistan Not public domain until 2037
Philippines Not public domain until 50 years after author's death
Taiwan Not public domain until 2037
Vietnam Not public domain until 50 years after author's death
Europe
European Union, all countries, unless listed below Not public domain until 70 years after author's death
Finland Not public domain until 2036
Italy Public domain
Albania Not public domain until 70 years after author's death
Andorra Not public domain until 70 years after author's death
Russia Not public domain until 70 years after author's death
Switzerland Not public domain until 70 years after author's death
Turkey Not public domain until 70 years after author's death
North America
Canada Not public domain until 50 years after author's death
United States of America Public domain
Oceania
Australia Not public domain until 70 years after author's death
New Zealand Not public domain until 50 years after author's death
South America
Argentina Public domain
Chile Not public domain until 50 years after author's death
Peru Not public domain until 70 years after author's death
Venezuela Not public domain until 2047

File history

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Date/TimeThumbnailDimensionsUserComment
current20:23, 8 January 2024Thumbnail for version as of 20:23, 8 January 20241,517 × 1,003 (1.34 MB)100cellsman (talk | contribs)made adjustments
07:51, 8 January 2024Thumbnail for version as of 07:51, 8 January 20241,517 × 1,003 (903 KB)100cellsman (talk | contribs)front
07:50, 8 January 2024Thumbnail for version as of 07:50, 8 January 20241,000 × 818 (36 KB)100cellsman (talk | contribs)Uploaded a work by EMI America from https://www.worthpoint.com/worthopedia/1986-press-photo-kate-bushs-latest-1835701232 with UploadWizard

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