Template:PD-Austria
For simple photograph (lichtbild), such as passport photos, 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 lichtbildwerk 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 discussion).
In order to be hosted on Wikipedia, all works must be in the public domain in the United States. 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.
This file is NOT necessarily in the public domain in the United States because a non-simple image can only be in the public domain in the U.S.:
- if it entered the public domain in Austria prior to 1996, or
- when, after that date, its copyright term expires in accordance with U.S. law.
Information about the creation date and creator should be provided.
If the image is not in the public domain in the United States, in addition to the license tag for its status in Austria an appropriate fair use license and rationale should be provided, or the image should be proposed for deletion.
If the media is in the public domain in both Austria and the United States, it may be transferred to the Wikimedia Commons.
Note: If this image is in the public domain in the U.S., modify the end of the copyright tag from }} to |commons}}.
This will replace the preceding U.S. copyright notification with a nomination for this image to be moved to the Wikimedia Commons.
