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  • 21 Aug, 2019

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File:Nikolaus Und Krampus.jpg

This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 70 years or fewer.


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.
The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain".
This photographic reproduction is therefore also considered to be in the public domain in the United States. In other jurisdictions, re-use of this content may be restricted; see Reuse of PD-Art photographs for details.
Public domain 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.

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Unpublished simple photographs created prior to 1974 and never published within 50 years of creation created prior to 1946 and never published within 50 years of creation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

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current09:17, 7 January 2013Thumbnail for version as of 09:17, 7 January 2013400 × 539 (380 KB)Лобачев ВладимирUser created page with UploadWizard

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