||The copyright to this
Austrian simple photographic picture ("Lichtbild") has expired and it is currently in the
Article 74(6) of
Federal Law BGBI No. 111 of 1936 in the Version of 2003-07-01.
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
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|Unpublished simple photographs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 1968 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 1968
||published prior to 1946
|All other photographs and artworks
||author death prior to 1948 and published
||published prior to 1926