Ferdinand Schmutzer the Younger; Ferdinand, the younger Schmutzer; Prof. Ferdinand Schmutzer; Professor Ferdinand Schmutzer; f. schmutzer; ferdinand schmutzer
Description
-Austrian painter, photographer, printmaker, university teacher, graphic artist and portraitist
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 pubished, they were for his own private usearchive copy at the Wayback Machine. 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 domainPublic domainfalsefalse
The author died in 1928, so this work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 95 years or fewer.
This work was never published prior to January 1, 2003 and, according to the provisions of 17 U.S.C. § 303, it is in the public domain in the United States because its author died before 1954. See also this page for more information.
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Unpublished simple photographs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 1974 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 1974
published prior to 1946
All other photographs
author death prior to 1954 and published
published prior to 1932
Captions
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{{Information |Description=Albert Einstein during a lecture in Vienna in 1921 |Source=http://www.bhm.ch/de/news_04a.cfm?bid=4&jahr=2006 |Date=1921 |Author=Ferdinand Schmutzer (1870-1928) |Permission=Public Domain |other_versions= }}