Template talk:PD-Austria

Lichtbild and Lichtbildwerk

No! This is utterly wrong. We had that problem with the German copyright law already. German and Austrian copyright law ("Urheberrechtsgesetz") makes a distinction between "Lichtbild" and "Lichtbildwerk". A "Lichtbildwerk" ia a work, and as such subject to the usual 70 years p.m.a. copyright term. Any photograph that shows even the slightest creativity is in general considered a "Lichtbildwerk". (See this case: Eurobike: OGH, Beschluss vom 12.9.2001, 4 Ob 179/01d.) A "Lichtbild" must be really simple - a frontal portrait photograph (head shot, passport photo) falls into this category. A "Lichtbild" is protected for 50 years after creation, or, if published within that term, for 50 years after the first publication. See §74(6) of the Austrian copyright law. See also [1]. Lupo 08:47, 29 March 2006 (UTC)[reply]

At the very least, 3 of the current 6 photographs meet even the most stringent of your criteria to be included, no? Sherurcij ^{(talk) (Terrorist Wikiproject)} 08:58, 29 March 2006 (UTC)[reply]

Of the six images in the related category Category:Austrian public domain photographs, only one would clearly qualify as a "Lichtbild". None of these images are in the public domain in Austria!

Image:1heldeplatz.jpg clearly a "Lichtbildwerk". Now "fair use".
Image:WilhelmMiklas.jpg clearly a "Lichtbildwerk". No source A movie still. Now "fair use".
Image:WilhelmMiklasPic.jpg clearly a "Lichtbildwerk" ~~No source~~ Now "fair use".
Image:Karl-renner.jpg not a head shot, lighting & positioning make this a "Lichtbildwerk". (Now "fair use".)
Image:1ajansa.jpg not a head shot; studio portrait. I'm torn on this one, but given the very low creativity threshold ("it suffices that another photographer would have shot a different image"), I would say this is a "Lichtbildwerk", too. (Now "fair use".)
Image:Franz Jonas.jpg yes, that's a "Lichtbild": passport-style photograph. However, from 1965 to 1974 and thus copyrighted until at least 2015. ~~Also, it has no source.~~ Now "fair use".

Lupo 09:01, 29 March 2006 (UTC)[reply]

Also note that the protection for a "Lichtbild" is fifty years, not thirty. Lupo 09:01, 29 March 2006 (UTC)[reply]

I would suggest removing this template from all six images and redirecting it to {{PD-old-70}}, or rewording it similar to {{PD-Germany}} (where we went through all these issues already, see the talk). Lupo 09:26, 29 March 2006 (UTC)[reply]

I've reworded it, following {{PD-Germany}}. Lupo 13:00, 29 March 2006 (UTC)[reply]

All images listed above are now sourced and tagged as {{Non-free fair use in}} for the appropriate articles. Lupo 13:03, 29 March 2006 (UTC)[reply]

I fully agree with Lupo --Historiograf 00:00, 24 April 2006 (UTC)[reply]