Summary edit

• Notes on date: Image was clearly a crop of another photograph, shown here with her first husband. Since Lang married Theodor Köchert in 1880 and divorced him in 1884, it seems highly likely to have been produced at that time or earlier.(p. 33)

Rationale for licensing: Austria's first legislation for authors was a legal patent protection declared in 1846. This remained as the only protection in Austria, as they did not sign the 1886 Bern Convention for artistic and literary works, until 1895, when Austria-Hungary passed the "Law on Copyright in Works of Literature, Art and Photography".[1] The law, amended in 1907, and incorporating the Hungarian law of 1884, provided a general term of copyright of 30 years in Austria and 50 years in Hungary for anonymous works, or life +30 in Austria (and life +50 in Hungary) for known authors. Specifically photographs were required to contain an author's notice and if they did that were protected for 10 years in Austria and 5 years in Hungary.(p. 406) Austria joined the Bern Convention in 1920 and adopted a new copyright law in 1936;[2] however, by virtue of the previous legislation, the original uncropped photo was created before the 1895 law and thus had no protection. Further having never been identified by a photographer, it would not have qualified for protection under the 1895 law, but even if 10 years applied, it had expired in 1895, well before subsequent legislation. Searching available databases, it does not appear that the image was previously published and the uncropped photo on Das Rote Wien indicates it is privately held. Further Ariadne's biography did not publish this cropped image prior to 2003 and it appears to have been first published by them in 2010. SusunW (talk) 22:30, 9 November 2019 (UTC)

Licensing edit

This image is in the public domain in countries and areas where the copyright term for anonymous or pseudonymous works is 70 years from the year of first publication or less, for example in the European Union. Please give also an explanation why the work is in the public domain in its source country and in the United States. If this work was published after 1928 and it was not in the public domain in its source country on the URAA date (January 1, 1996 for most countries), use {{Not-PD-US-URAA}} in addition to this template. For files in the public domain in the EU, please use {{PD-anon-70-EU}} (see the documentation). беларуская (тарашкевіца) | dansk | Deutsch | English | français | македонски | 日本語 | suomi | +/−

The copyright situation of this work is theoretically uncertain, because in the country of origin copyright lasts 70 years after the death of the author, and the date of the author's death is unknown. However, the date of creation of the work was over 120 years ago, and it is thus a reasonable assumption that the copyright has expired (see here for the community discussion). Do not use this template if the date of death of the author is known. You must also include a United States public domain tag to indicate why this work is in the public domain in the United States. Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

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This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information.