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Summary
DescriptionOnggi in 1781.JPG
English: A scene from "A Pictorial Biography of Hong Yi-sang." This is a mere photographical reproduction of a two-dimensional historical work of art which copyright has expired due to its age (created in 1781). The work of art is located in the National Museum of Korea, in Seoul
This is a faithful photographic reproduction of a two-dimensional, public domain work of art. The work of art itself is in the public domain for the following reason:
According to Articles 39 of the Copyright Act of South Korea, under the jurisdiction of the Government of the South Korea, all copyrighted works enter the public domain 70 years (30 years before July 1987, 50 years before July 2013) after the death of the creator (there being multiple creators, the creator who dies last). In other words, works of which authors died before 1 January 1963 are in the public domain in South Korea.
However, according to Article 36(1) of the Copyright Act (No. 3916, 1 July 1987), author's economic rights in a work which is first made public in more than 40 years and not exceeding 50 years after his death, shall continue to subsist for a period of 10 years after it is made public. (This is only applicable from July 1987 to June 2013.)
There are exceptional cases. According to Articles 49 of the Copyright Act, author's economic rights are to belong to the state according to provisions of the Civil Law and other laws upon the death of a copyright owner without heir.
You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.
Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).
The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain". This photographic reproduction is therefore also considered to be in the public domain in the United States. In other jurisdictions, re-use of this content may be restricted; see Reuse of PD-Art photographs for details.
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