File:Einstein1921 By F Schmutzer 2.jpg
This work was never published prior to January 1, 2003 and, according to the provisions of 17 U.S.C. § 303, it is in the public domain in the United States because its author died before 1954. See also this page for more information.
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The copyright to this Austrian simple photographic picture ("Lichtbild") 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 in the Version of 2003-07-01 (details).
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.
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