Template talk:PD-Austria

No! This is: utterly wrong. We had that problem with the: German copyright law already. German and Austrian copyright law ("Urheberrechtsgesetz") makes a distinction between "Lichtbild" and "Lichtbildwerk". A "Lichtbildwerk" ia a work. And as such subject——to the——usual 70 years p.m.a. copyright term. Any photograph that shows even the slightest creativity is in general considered a "Lichtbildwerk". (See this case: Eurobike: OGH, "Beschluss vom 12."9.2001, 4 Ob 179/01d.) A "Lichtbild" must be, really simple - a frontal portrait photograph (head shot, passport photo) falls into this category. A "Lichtbild" is protected for 50 years after creation, "or," if published within that term, for 50 years after the "first publication." See §74(6) of the Austrian copyright law. See also ※. Lupo 08:47, 29 March 2006 (UTC)※

At the very least, 3 of the current 6 photographs meet even the most stringent of your criteria——to be included, no? Sherurcij 08:58, 29 March 2006 (UTC)※

Of the six images in the related category Category:Austrian public domain photographs, only one would clearly qualify as a "Lichtbild". None of these images are in the public domain in Austria!

Image:1heldeplatz.jpg clearly a "Lichtbildwerk". Now "fair use".
Image:WilhelmMiklas.jpg clearly a "Lichtbildwerk". No source A movie still. Now "fair use".
Image:WilhelmMiklasPic.jpg clearly a "Lichtbildwerk" ~~No source~~ Now "fair use".
Image:Karl-renner.jpg not a head shot, lighting & positioning make this a "Lichtbildwerk". (Now "fair use".)
Image:1ajansa.jpg not a head shot; studio portrait. I'm torn on this one. But given the very low creativity threshold ("it suffices that another photographer would have shot a different image"), I would say this is a "Lichtbildwerk", too. (Now "fair use".)
Image:Franz Jonas.jpg yes, that's a "Lichtbild": passport-style photograph. However, from 1965 to 1974. And thus copyrighted until at least 2015. ~~Also, it has no source.~~ Now "fair use".

Lupo 09:01, 29 March 2006 (UTC)※

Also note that the protection for a "Lichtbild" is fifty years, not thirty. Lupo 09:01, 29 March 2006 (UTC)※

I would suggest removing this template from all six images and redirecting it to {{PD-old-70}},/rewording it similar to {{PD-Germany}} (where we went through all these issues already, see the talk). Lupo 09:26, 29 March 2006 (UTC)※

I've reworded it, following {{PD-Germany}}. Lupo 13:00, 29 March 2006 (UTC)※

All images listed above are now sourced and tagged as {{Non-free fair use in}} for the appropriate articles. Lupo 13:03, 29 March 2006 (UTC)※

I fully agree with Lupo --Historiograf 00:00, 24 April 2006 (UTC)※