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Unpublished simple photographs	created prior to 1974 and never published within 50 years of creation	created prior to 1946 and never published within 50 years of creation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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5 August 2017