File:Gasthof Belvedere in Canazei des Josef Pitscheider mit Vernelspitze und Colac.jpg
Original file (1,537 × 979 pixels, file size: 1.13 MB, MIME type: image/jpeg)
Captions
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Summary
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Deutsch: Gasthof Belvedere in Canazei des Josef Pitscheider mit Vernelspitze und Colac |
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| Source | Ebay.com |
| Author | Unknown author |
Licensing
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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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The country of origin of this photograph is Italy. It is in the public domain there because its copyright term has expired. According to Law for the Protection of Copyright and Neighbouring Rights n.633, 22 April 1941 and later revisions, images of people or of aspects, elements and facts of natural or social life, obtained with photographic process or with an analogue one, including reproductions of figurative art and film frames of film stocks (Art. 87) are protected for a period of 20 years from creation (Art. 92). This provision shall not apply to photographs of writings, documents, business papers, material objects, technical drawings and similar products (Art. 87). Italian law makes an important distinction between "works of photographic art" and "simple photographs" (Art. 2, § 7). Photographs that are "intellectual work with creative characteristics" are protected for 70 years after the author's death (Art. 32 bis), whereas simple photographs are protected for a period of 20 years from creation.
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This may not apply in countries that don't apply the rule of the shorter term to works from Italy. In particular, these are in the public domain in the United States only if:
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This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929.
 Public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. If the work is not a U.S. work, the file must have an additional copyright tag indicating the copyright status in the source country.
Note: This tag should not be used for sound recordings. |
File history
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| Date/Time | Thumbnail | Dimensions | User | Comment | |
|---|---|---|---|---|---|
| current | 19:11, 19 July 2019 | | 1,537 × 979 (1.13 MB) | Holapaco77 (talk | contribs) | User created page with UploadWizard |
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