File:Marie Lang And Theodor Köchert, 1880-1884.png
Rationale for licensing: Austria's first legislation for authors was a legal patent protection declared in 1846. This remained as the only protection in Austria, as they did not sign the 1886 Bern Convention for artistic and literary works, until 1895, when Austria-Hungary passed the "Law on Copyright in Works of Literature, Art and Photography".[1] The law, amended in 1907, and incorporating the Hungarian law of 1884, provided a general term of copyright of 30 years in Austria and 50 years in Hungary for anonymous works, or life +30 in Austria (and life +50 in Hungary) for known authors. Specifically photographs were required to contain an author's notice and if they did that were protected for 10 years in Austria and 5 years in Hungary.(p. 406) Austria joined the Bern Convention in 1920 and adopted a new copyright law in 1936;[2] however, by virtue of the previous legislation, the original uncropped photo was created before the 1895 law and thus had no protection. Further having never been identified by a photographer, it would not have qualified for protection under the 1895 law, but even if 10 years applied, it had expired in 1895, well before subsequent legislation. Searching available databases, it does not appear that the image was previously published and the uncropped photo on Das Rote Wien indicates it is privately held. Further Ariadne's biography did not publish this cropped image prior to 2003 and it appears to have been first published by them in 2010.
Licensing
The copyright situation of this work is theoretically uncertain, because in the country of origin copyright lasts 70 years after the death of the author, and the date of the author's death is unknown. However, the date of creation of the work was over 120 years ago, and it is thus a reasonable assumption that the copyright has expired (see here for the community discussion). Do not use this template if the date of death of the author is known.
You must also include a United States public domain tag to indicate why this work is in the public domain in the United States. | |
This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. |
This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions:
The above provisions are contained in 17 U.S.C. § 303. See also this page for more information. |