Image:Painting of maxim gorki.jpg

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Portrait of Russian/Soviet writer Maxim Gorky

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This file is in the public domain in Russia. It was published before January 1st, 1954, and the creator (if known) died before that date (For veterans of the Great Patriotic War, the critical date is January 1st, 1950). Works belonging to the former Soviet government or other Soviet legal entities published before January 1st, 1954, are also public domain in Russia. (This is the effect of the retroactive Russian copyright law of 1993 and the copyright term extension from 50 to 70 years in 2004.)

A Russian or Soviet work that is in the public domain in Russia according to this rule is in the public domain in the U.S. only if it was in the public domain in Russia in 1996, e.g. if it was published before 1946 (1942 for WWII veterans) and the creator died before that year, and no copyright was registered in the U.S. (This is the combined effect of the retroactive Russian copyright law of 1993, Russia's joining the Berne Convention in 1995, and of 17 USC 104A with its critical date of January 1, 1996.)

Gorky died in 1936; the (unsigned) portrait presumably dates from his lifetime. It is possible that there could be an issue with the rights on this, depending on who painted it and how long the painter lived.

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