File:Holodomor17.jpg

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.

This file is a Ukrainian or Ukrainian SSR work and it is presently in the public domain in Ukraine, because it was published before January 1, 1954, and the creator (if known) died before that date (details).

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A Ukrainian or Ukrainian SSR work that is in the public domain in Ukraine according to this rule is in the public domain in the U.S. only if it was in the public domain in Ukraine before January 1, 1996, e.g. if it was published before January 1, 1946 and the creator died before this date, and no copyright was registered in the U.S. (This is the combined effect of the retroactive [2], Ukraine's joining the Berne Convention in 1996, and of 17 USC 104A with its critical date of January 1, 1996.)

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