Image:Kim-il-sung Kim-jong-suk Kim-jong-il.jpg

Photograph of Kim Jong-il, 3 years old, with father, Kim Il-sung, and mother, Kim Jong-suk. Official DPRK (North Korea) archives. Date: c. 1944

Displayed on http://www.kcckp.net/en/news in July 2004 in article marking the 10th anniversary of Kim Il-sung’s death, and on http://www.kcckp.net/en/event/2005-02-16/?1+2 on February 16, 2005 to mark Kim Jong-il's birthday. Previously published in numereous North Korean publications and (grainy) in an early official Russian biography of Kim il sung.

1944

Vyatskoye, Khabarovsk Oblast, USSR.

unknown photographer

Public Domain In the United States, copyright was lost by failure to display the copyright notice and registration in a foreign publication, for example in the Korean language Biography of Kim il sung 1973. Copyright was not restored in the 1996 restoration of foreign copyright because North Korea was not a signature of the Berne Convention, W.T.O. or otherwise included at the time. North Korea did not join the Berne Convention until 28 April 2003. The 1996 restoration act gives a two year grace period after a country becomes eligible (e.g. joins the Berne Convention) for the copyright owner to file a Notice of Intent to Enforce (NIE) with the US Copyright Office. No NIE was filed on this image or the original underlying publication(s) prior to 29 April 2005. The 1996 decision of the United States 9th Circuit, Twin Books v. Walt Disney Co., which held that foreign works without copyright notice are to be treated as unpublished works, even if good law, does not apply as the US Copyright Act of 1976 ended perpetual copyright and gave these works the same terms as published works since 1978, with a grace period that ended on December 31, 2002. North Korea did not become a signature until after the end of the grace period. In addition, United States Copyright Office Circular 38a lists all North Korean works as "unclear", namely "Became independent since 1943. Has not established copyright relations with the United States, but may be honoring obligations incurred under former political status" which in this case was Japan. The DPRK Copyright Law was not adopted until 2001.[1]

Public Domain in Russia as photograph was published before January 1st, 1954 in a work belonging to the former Soviet government.