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This is the situation:
Australian status
- The photograph was taken in Australia by an Australian national.
- It was taken before 1901.
- The Australian Government's policy on duration of Australian copyright specifies that copyright in a photograph made before 1 January 1955 has expired (note: whether the author is dead or not is irrelevant, as is whether or not the photo was published – see https://www.communications.gov.au/copyright/duration-copyright, which has superseded the references in the current templates, which I'll propose for correction).
- The above factors can be covered by this "PD-because" notice:
This file is in the public domain, because the photo was taken before 1 January 1955. The Australian Government's policy on duration of Australian copyright specifies that copyright in a photograph made before 1 January 1955 has expired.
Please verify that the reason given above is valid! Note: if there is a specific licence tag for the reason supplied here, please use it. |
US status
- Relevant to the US jurisdiction (only) is that the photo was never published.
- The Hirtle chart (https://copyright.cornell.edu/publicdomain) states on page 1, under the heading Never Published, Never Registered Works, that unpublished anonymous works have a copyright term in the US of 120 years from creation and a work created before 1901 is therefore in the public domain in the US as of 1 January 2021.
Questions
1. A notice describing the copyright status of a work in its source country requires a notice to be attached nominating the status in the US. What US template would cover the situation I've described?
2. What US template would cover the situation I've described if the author's name was known and the date of death was not known? (Hirtle chart example is in the ro below the one described above.)