Nikolaus krampus



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English: Nikolaus and Krampus in Austria. Newspaper-illustration from 1896
Deutsch: Besuch von Nikolaus und Krampus in der Stube, Zeitungsillustration aus dem Jahr 1896
Date winter 1896
Source http://anno.onb.ac.at/cgi-content/anno?apm=0&aid=wrb&datum=18961206&zoom=2 "Wiener Bilder" 6/12/1896
Author unknown, not stated in the source
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Public domain The copyright to this Austrian photograph or artwork 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.

For a simple photograph (lichtbild), such as passport photos, 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 lichtbildwerk 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 hosted on Commons, all 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Unpublished simple photographs created prior to 1962 and never published within 50 years of creation created prior to 1946 and never published within 50 years of creation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 1962 published prior to 1946
All other photographs and artworks published prior to 1942 published prior to 1926
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Software used Adobe Photoshop CS4 Macintosh
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