The copyright to this Austrian photograph has expired and it is currently in the public domain in Austria pursuant to the provisions of Article 74(6) of Federal Law BGBI No. 111 of 1936.
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. | |||||
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