Commons:Deletion requests/File:1922 MBS Schruns.jpg

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File:1922 MBS Schruns.jpg

This file was initially tagged by Uoijm77 as Copyvio (copyvio) and the most recent rationale was: Lack template - photo copied from internet 1920s photograph that could be public domain. In general, photographs that are almost 100 years old should not be put into speedy deletion. Converting to DR for discussion where hopefully the true copyright status of this photograph can be found. Abzeronow (talk) 16:12, 15 March 2023 (UTC)

•  Keep PD-EU-no author disclosure --RAN (talk) 02:11, 16 March 2023 (UTC)
  • I'm inclined towards keeping here but how do we know the author of this 1925 Austrian photograph was never disclosed? Abzeronow (talk) 15:37, 16 March 2023 (UTC)

  Licence is invalid. No evidence that the author died 70 years ago. Photo downloaded from unknown website. Please refer to Commons:Publication. There is no evidence that it was published 70 years ago. Respecting copyright is not about making claims without evidence. Uoijm77 (talk) 12:35, 17 March 2023 (UTC)

  • This is a photograph in which all the subjects are aware of the camera. RAN uses the US pre-1978 definition of publication which was "when the work was first disclosed to the public or made available to be copied by the public". The Berne Convention https://www.law.cornell.edu/treaties/berne/3.html which Austria is a member defines publication as "The expression "published works" means works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that the availability of such copies has been such as to satisfy the reasonable requirements of the public, having regard to the nature of the work. The performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication." This was likely released with the consent of its author contemporaneously with its creation and was probably publicly displayed in a tram station or some other venue open to the public after the photographer distributed copies to those in the photograph. Abzeronow (talk) 15:53, 17 March 2023 (UTC)

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Kept: Photo was used for the cover of this book, and it is credited to Montafonerbahn AG. While it is possible that the company may have records on who the photographer is, I feel like we have done our due diligence. —holly {chat} 22:00, 1 September 2023 (UTC)