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.
Type of material
Copyright has expired in Austria if...
Copyright has expired in the U.S. if...
Unpublished simple photographs
created prior to 1974 and never published within 50 years of creation
created prior to 1946 and never published within 50 years of creation
Published simple photographs
published prior to 1974
published prior to 1946
All other photographs
author death prior to 1954 and published
published prior to 1932
Public domainPublic domainfalsefalse
This media file is in the public domain in the United States. This applies to U.S. works where the copyright has expired, often because its first publication occurred prior to January 1, 1929, and if not then due to lack of notice or renewal. See this page for further explanation.
This image might not be in the public domain outside of the United States; this especially applies in the countries and areas that do not apply the rule of the shorter term for US works, such as Canada, Mainland China (not Hong Kong or Macao), Germany, Mexico, and Switzerland. The creator and year of publication are essential information and must be provided. See Wikipedia:Public domain and Wikipedia:Copyrights for more details.
Captions
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