English: Photograph taken for the Bettman Archive and popularly known as "The Kiss of Death" (Il Bacio della Morte).[1][2][3][4] It shows Linda Christian kissing Alfonso, Marquess of Portago, before the latter departed for his last part of the Mille Miglia race which ended his life.
Unknown. Newspapers attributed the photo variously to "International", "International Radiophoto", or "International Soundphoto".
Licensing
Public domainPublic domainfalsefalse
Public domain
The country of origin of this photograph is Italy. It is in the public domain there because its copyright term has expired. According to Law for the Protection of Copyright and Neighbouring Rights n.633, 22 April 1941 and later revisions, images of people or of aspects, elements and facts of natural or social life, obtained with photographic process or with an analogue one, including reproductions of figurative art and film frames of film stocks (Art. 87) are protected for a period of 20 years from creation (Art. 92). This provision shall not apply to photographs of writings, documents, business papers, material objects, technical drawings and similar products (Art. 87). Italian law makes an important distinction between "works of photographic art" and "simple photographs" (Art. 2, § 7). Photographs that are "intellectual work with creative characteristics" are protected for 70 years after the author's death (Art. 32 bis), whereas simple photographs are protected for a period of 20 years from creation.
Italy
This may not apply in countries that don't apply the rule of the shorter term to works from Italy. In particular, these are in the public domain in the United States only if:
wasn't in copyright in the United States due to being registered for copyright there (see Commons:Copyright tags#United States for most cases) and
was created prior to 1976 and published prior to 1978 — then it was out-of-copyright in Italy on the URAA date of restoration (January 1, 1996) (17 U.S.C.§ 104A) (in most cases; for all cases, see Template:PD-Italy/US). If so, please add {{PD-1996}} in addition to this copyright tag. If the image was created after 1975 or was published after 1977, please add {{Not-PD-US-URAA}}.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.
The photograph was published in numerous newspapers with no copyright notice. No instances were found of the photograph being published with copyright notice on the photo itself. Examples where it was published with no notice at all, neither for the photo nor for the newspaper as a whole: