File:Einstein1921 by F Schmutzer 4 (cropped).jpg

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.