File:Camarada Miriam (cropped).png

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Camarada_Miriam_(cropped).png(158 × 273 pixels, file size: 107 KB, MIME type: image/png)

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Description
Español: Camarada Miriam
Date
Source
image extraction process
This file has been extracted from another file
: Camarada Miriam y Gonzalo Libertad.png
original file
Author Cesar David MP

Licensing

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Public domain
This work is in the public domain because it is a work contracted by subversive factions of self-proclaimed Communist Party of Peru, such as 'Shining Path' or 'SL', and 'Militarized Communist Party of Peru' or 'MPCP'; which terrorist organization operates in a territory (called "República Popular del Perú" subsequently located in VRAEM, where they reside prior to the publication of the work) not administratively recognized by the government of Peru to be integrated into copyright law (conflict zone, Law No. 27795 Art. 4.3, of Demarcation and Territorial Organization).

Due to being under sanction, the works carried out by and for this terrorist organization are restricted from obtaining or acquiring property in Peru and the United States, as well as other countries, according to the extinction law (see its legal explanation in COM:Peru). They are also prohibited from enjoying the benefits of the Penal Code, including takedown in crimes against copyright and related rights provided by Indecopi (see Art. 30 DL 822 and Art. 3 Law 29936).

As such, this type of organization is in a disputed territory and under control of the Public Ministry, as well as the Peruvian State, the organization is excluded to private property in Peruvian territory according to the laws, articles 70, 71 and 73 of the 1993 Peruvian Constitution and Decision 351 of the Andean Community (by requiring its publisher as a legal entity). To avoid its claim of works produced in Peru, the bileteral agreement between Peru and the United States excludes the organizations in dispute from being part of the FTA between both countries (question 61, see also Annex 1.3 of Chapter One at Peru - United States Trade Promotion Agreement.). As such, it cannot be covered by the URAA since it does not include the VRAEM as Peruvian territory and its organization also has been subject to U.S. restrictions since its inclusion on the FTO list in 1997 (old version) under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. Chapter 35) and the PATRIOT Act (18 U.S.C. Chapter 113B).

Warning: This template applies only to criminal works created in ocupated territory and transferred to organizations that are excluded from Indecopi's copyright protection (specifically about the Law of Extinction of Property and Peruvian constitution). Other non-transferred works such as literary, artistic or scientific works of individuals could be rehabilitated by their relatives to protect theirs in their private domain.

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Communist symbol Legal disclaimer
This image contains a symbol prohibited by law in some nations, owing to it being a representation of communism, socialism, or a similar governmental structure; or of an associated political party/organization:

Imagery covered may include the hammer and sickleen, red star, emblems/insignias, flags or images of leaders.


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File history

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Date/TimeThumbnailDimensionsUserComment
current17:33, 4 August 2022Thumbnail for version as of 17:33, 4 August 2022158 × 273 (107 KB)Cesar David MP (talk | contribs)Uploaded a work by Cesar David MP from Camarada Miriam y Gonzalo Libertad.png with UploadWizard

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