For a simple photograph ("Lichtbild"), such as simple passport photos fromPhoto 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 andArticle 60). As such, a 70-year p.m.a. term of protection is applied (seethis discussion).

In order to be acceptable on Commons, works must be in the public domain in theUnited 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 theU.S. date of restoration (January 1, 1996). However, some works might have asubsisting U.S. copyright resulting from the long-standing copyright relations between Austria and the United States.