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The copyright to this
Austrian
simple photographic picture ("Lichtbild") has expired and it is currently in the
public domain
in Austria pursuant to the provisions of
Article 74(6)
of
Federal Law BGBI No. 111 of 1936
in the Version of 2003-07-01 (
details
).
For a simple photograph ("Lichtbild"), such as simple passport photos from
Photo booths
, photos from satellites, pictures from radiography, it was either published more than 50 years ago or it was taken more than 50 years ago and never published within 50 years of its creation.
Photographs that involve artistic interpretations, such as studio shots and those that involve lighting and poses, qualify as photographic works ("Lichtbildwerke") or "works of literature, music and art" (
Eurobike: OGH, Beschluss vom 12.9.2001, 4 Ob 179/01d
and
Article 60
). As such, a 70-year p.m.a. term of protection is applied (see
this discussion
).
In order to be acceptable on Commons, works must be in the public domain in the
United States
as well as in their source country. Austrian works are currently in the public domain in the United States if their copyright had expired in Austria on the
U.S. date of restoration
(January 1, 1996). However, some works might have a
subsisting U.S. copyright
resulting from the long-standing copyright relations between Austria and the United States.
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Type of material
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Copyright has expired in Austria if...
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Copyright has expired in the U.S. if...
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Unpublished simple photographs
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created prior to
1974
and
never
published within 50 years of creation
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created prior to
1946
and
never
published within 50 years of creation
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Published simple photographs
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published prior to
1974
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published prior to
1946
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All other photographs
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author death prior to
1954
and published
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published prior to
1932
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