File:Einstein 1921 by F Schmutzer - restoration.jpg

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Original file(2,523 × 3,313 pixels, file size: 2.59 MB, MIME type: image/jpeg)

Summary[edit]

Author
Description
Albert Einstein during a lecture in Vienna in 1921
Date 1921 (ref.)
Notes
Source/Photographer http://www.bhm.ch/de/news_04a.cfm?bid=4&jahr=2006 [dead link], archived copy (image)
Permission
(Reusing this file)
Public Domain
Other versions

Crops and other variants (not of the restoration)

Licensing[edit]

Regarding the origin and copyright status of this image it is a study by the portraitist F. Schmutzer, a member of the Wikipedia:Vienna Secession and its president from 1914 to 1917. Schmutzer did not intend his studies to be published, they were for his own private use. His studies were discovered in 2001 and sold to the Austrian National Library. It follows that this image could not have been published before 2001 and thus not within 70 years of its creation (1921). The image was the subject of a nomination for deletion and the result was a keep.

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.

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 1968 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 1968 published prior to 1946
All other photographs and artworks author death prior to 1948 and published published prior to 1926
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Assessment[edit]

Wikipedia


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If you have an image of similar quality that can be published under a suitable copyright license, be sure to upload it, tag it, and nominate it.


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Date/TimeThumbnailDimensionsUserComment
current06:07, 28 July 2014Thumbnail for version as of 06:07, 28 July 20142,523 × 3,313 (2.59 MB)Adam Cuerden (talk | contribs)Upload
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