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.

• it was simultaneously published (within 30 days) in the U.S. and in its source country and is in the public domain in the U.S. as a U.S. work (no copyright registered, or not renewed),

or

• it was first published outside the United States (and not published in the U.S. within 30 days) and
• it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and
• it was in the public domain in its home country on the URAA date ( January 1, 1996 for most countries).

This work may still be copyrighted in other countries.

For background information, see the explanations on Non-U.S. copyrights. Note: in addition to this statement, there must be a statement on this page explaining why the work is in the public domain in the U.S. (for the first case) or why it was PD on the URAA date in its source country (second case). Additionally, there must be verifiable information about previous publications of the work.