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Einstein 1921 by F Schmutzer - restoration
 

 

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Source page:
http://commons.wikimedia.org/wiki/File:Einstein_1921_by_F_Schmutzer_-_restoration.jpg

Summaryedit

Author
Description
Albert Einstein during a lecture in Vienna in 1921
Date (ref.)
Notes
Source/Photographer https://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)

Licensingedit

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 1967 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 1967 published prior to 1946
All other photographs and artworks author death prior to 1947 and published published prior to 1926
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Assessmentsedit

Wikipedia

If you think this file should be featured on Wikimedia Commons as well, feel free to nominate it.
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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Photo's description:

Austrian photographer


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EXIF data:
File name einstein_1921_by_f_schmutzer___restoration.jpg
Size, Mbytes 2.6494697265625
Mime type image/jpeg




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