概要

Publication history: Gusinde, Martin. (1931) Die Feuerland-lndianer. 1. Band: Die Selk’nam. Vienna: Modling.[1]

Licensing rationale: Per the The Museum of World Cutlure (Världskulturmuseet), the photo dates to 1886 during the Popper Expedition. That would be logical, considering that Popper immigrated in 1885 (p 91) and died in Argentina in 1893. (pp 92, 107) There is no evidence in accounts of who took the pictures, or that he published the photographs, but he gave public lectures with photographs and presented the photo album of his exploration to the President Miguel Juárez in 1887. (p 94) Article 17 of the 1869 Constitution of Argentina provided that intellectual property rights had protection for a term to be specified by law. No separate legislation on term was passed until 1910, which provided protection for ten years after the death of the author. BUT, no provision was made for anonymous works.pp 490-491 Since we have no idea who in Popper's expedition took the photograph, it appears that it had no protection.

Fast forward to 1931, when it was published by Martin Gusinde (1886-1969).[2] in Vienna. 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".[3] 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.[4]. The copyright law of 1936 provided in §13 that in the absence of a known author, the publisher assumed the rights of authorship. In §74 (6) the term is defined as expiring 20 years after a photograph was created or 20 years after publication.[5] By virtue of the 1907 law, the book published in 1931 was out of copyright in 1999, but the photographs being anonymous and bearing no photographer identification were not protected. If the 1936 law gave protection to works which were unprotected before, the copyright on the photographs in Austria expired in 1951. While the law was amended in 1953, it did not retroactively restore expired copyrights.[6] As no subsequent law was passed prior to URAA effective date of 1996 (the Austrian law was next amended in 1998) it was in the PD in the US as it was published outside the US, had not been renewed, and was out of copyright on 1 January 1996.

ライセンス

This image is in the public domain because the copyright of this photograph, registered in Argentina, has expired. (Both at least 25 years have passed after the photograph was created, and it was first published at least 20 years ago, Law 11.723, Article 34 as amended, and Berne Convention Article 7 (4)). Use this template exclusively for photos and NOT for drawings or other pieces of art. Warning: date and source of any publication prior to 20 year old must be indicated so anyone can check it, and clear evidence that the image was taken more than 25 years ago must be given. العربيَّة | Deutsch | English | español | suomi | français | galego | italiano | македонски | മലയാളം | português | português do Brasil | русский | sicilianu | 中文（中国大陆）‎ | +/−

	この著作物は次の三つの条件を満たしているため、アメリカ合衆国においてパブリックドメインの状態にあります。 アメリカ合衆国国外において最初に公表され、且つ、その後30日以内にアメリカ合衆国国内においては公表されなかったこと。 1989年3月1日以前に著作権表示無しで、又は1964年以前に著作権更新無しで、若しくは本国がアメリカ合衆国との著作権関係を確立する前に最初に公表されたこと。 ウルグアイ・ラウンド協定法による著作権回復の実施日（1996年1月1日）に本国においてパブリックドメインの状態にあったこと。 この著作物は、無名又は変名の著作物に適用する著作権の保護期間（英語版）が発行から80年以内の国においてもパブリックドメインの状態にあります。
	予備知識についてはWikipedia:アメリカ合衆国以外の国と地域で公表された著作物の著作権についての説明をご覧ください。 Per the Austrian copyright law of 1936, the photograph entered the public domain in 1951.
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