No! This is utterly wrong. We had that problem with the German copyright law already. German and Austrian copyright law ("Urheberrechtsgesetz") makes a distinction between "Lichtbild" and "Lichtbildwerk". A "Lichtbildwerk" ia a work, and as such subject to the usual 70 years p.m.a. copyright term. Any photograph that shows even the slightest creativity is in general considered a "Lichtbildwerk". (See this case: Eurobike: OGH, Beschluss vom 12.9.2001, 4 Ob 179/01d.) A "Lichtbild" must be really simple - a frontal portrait photograph (head shot, passport photo) falls into this category. A "Lichtbild" is protected for 50 years after creation, or, if published within that term, for 50 years after the first publication. See §74(6) of the Austrian copyright law. See also [1]. Lupo 08:47, 29 March 2006 (UTC)
- At the very least, 3 of the current 6 photographs meet even the most stringent of your criteria to be included, no? Sherurcij (talk) (Terrorist Wikiproject) 08:58, 29 March 2006 (UTC)
- Of the six images in the related category Category:Austrian public ___domain photographs, only one would clearly qualify as a "Lichtbild". None of these images are in the public ___domain in Austria!
- Image:1heldeplatz.jpg clearly a "Lichtbildwerk"
- Image:WilhelmMiklas.jpg clearly a "Lichtbildwerk"
- Image:WilhelmMiklasPic.jpg clearly a "Lichtbildwerk"
- Image:Karl-renner.jpg not a head shot, lighting & positioning make this a "Lichtbildwerk".
- Image:1ajansa.jpg not a head shot; studio portrait. I'm torn on this one, but given the very low creativity threshold ("[http://www.internet4jurists.at/entscheidungen/ogh4_179_01d.htm it suffices that another photographer would have shot a different image"), I would say this is a "Lichtbildwerk", too.
- Image:Franz Jonas.jpg yes, that's a "Lichtbild": paasport-style photograph. However, from 1974 and thus copyrighted until 2024.
- Lupo 09:01, 29 March 2006 (UTC)
- Of the six images in the related category Category:Austrian public ___domain photographs, only one would clearly qualify as a "Lichtbild". None of these images are in the public ___domain in Austria!
- Also note that the protection for a "Lichtbild" is fifty years, not thirty. Lupo 09:01, 29 March 2006 (UTC)