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Unpublished simple photographs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
This work was first published in Romania and is now in the public domain because its copyright protection has expired by virtue of the Law on Copyrights, enacted 2004, 2005 and 2006, amended 2010. This may be due to the work expiring under the terms of Decree No. 321 of 1956 prior to the enactment of the 1996 law. The work meets one of the following criteria:
It is an anonymous work or pseudonymous work and 70 years have passed since the date of its publication
It is a photographic work and 70 years have passed since the year of its publication
It is another kind of work, and 70 years have passed since the year of death of the author (or last-surviving author)
It is another kind of work, the author is a legal entity („persoană juridică” - not a person) and 50 years have passed since the date of its publication
The copyright is owned by the author's descendants, and the author died before 1946 (50 pma)
The copyright is owned by someone older than 25 other than immediate family or descendants, and the author died before 1981 (15 pma)
It is a dictionary or encyclopedia published before 1976 (20 years from publication; use {{PD-RO-1956}})
It is an artistic photograph, part of a series, published before 1986 (use {{PD-RO-photo}})
It is an isolated artistic photograph published before 1991 (use {{PD-RO-photo}})
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