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Summary
DescriptionShining Path Hammer and Sickle.svg
English: The hammer and sickle symbol used by the Communist Party of Peru - Shining Path
Español: Variante de la hoz y el martillo usada por el Partido Comunista del Perú-Sendero Luminoso (PCP-SL)
Date
Source
Own work based on images on [1]
Author
Sshu94
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Licensing
I, the copyright holder of this work, hereby publish it under the following license:
This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.
You are free:
to share – to copy, distribute and transmit the work
to remix – to adapt the work
Under the following conditions:
attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
share alike – If you remix, transform, or build upon the material, you must distribute your contributions under the same or compatible license as the original.
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:
Georgia's parliament: On Amending the Law of Georgia "Charter of Liberty", No. 1867, 2013
Hungary: Act C of 2012 on the Criminal Code, Section 335
Latvia's Saeima: Amendments to the Law on the Safety of Public Entertainment and Festivity Events (OP 2013/129.4). Ban only applies at public events.
Lithuania's Constitutional Court confirms Article 18818 of the Code of Administrative Offences. Collection, antiquarian trade and educational activities are exempt from the ban.
South Korea's National Security Act (prohibited for symbols or emblems related to North Korea)
Ukraine's Verkhovna Rada (article 436-1 of the Criminal code of Ukraine)
Imagery covered may include the hammer and sickleen, red star, emblems/insignias, flags or images of leaders.
Public domainPublic domainfalsefalse
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.
English ∙ español ∙ 日本語 ∙ +/−
This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse
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Creative Commons Attribution-ShareAlike 4.0 International
source of file
original creation by uploader
inception
31 August 2018
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21:50, 27 July 2022
440 × 400 (5 KB)
CityBreakingDown
Reverted to version as of 21:56, 13 October 2018 (UTC). Seeing as the PCP-SL doesn't have (and never had) a completely official/consistent logo, it's entirely pointless to revert to the lower quality version at this point, especially if it's also going to be inconsistent with the SL flags already on commons. I think the established rendition of their logo should continue to be this one, at least for the purposes of commons/wikipedia.
19:03, 26 July 2022
190 × 167 (6 KB)
Cesar David MP
Reverted to version as of 07:27, 31 August 2018 (UTC)
21:56, 13 October 2018
440 × 400 (5 KB)
Sshu94
Reverted the color
00:56, 13 October 2018
440 × 400 (5 KB)
Sshu94
Improved accuracy & updated the color
07:27, 31 August 2018
190 × 167 (6 KB)
Sshu94
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