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Unpublished simple photographs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 photograph is in the public domain in Japan because its copyright has expired according to Article 23 of the 1899 Copyright Act of Japan (English translation) and Article 2 of Supplemental Provisions of Copyright Act of 1970. This is when the photograph meets one of the following conditions:
To uploader: Please provide the source and publication date.
If the photograph was also published in the United States within 30 days after publication in Japan, it might be copyrighted. If the copyright has not expired in the U.S, this file will be deleted. See Commons:Hirtle chart.
This template should not be used for a faithful photographic reproduction of an artwork. Under Article 23 of the former Copyright Act, its protection will be consistent with the artwork. See also Commons:When to use the PD-Art tag.