Ferdinand Schmutzer the Younger; Ferdinand, the younger Schmutzer; Prof. Ferdinand Schmutzer; Professor Ferdinand Schmutzer; f. schmutzer; ferdinand schmutzer
Description
-Austrian painter, mai daukar hoto, printmaker, university teacher, mai zane-zanen hoto da portraitist
British Image restorationist, composer, amateur photographer and artist, and Wikipedian
As Adam lives in Britain, which makes it incredibly easy to acquire copyright in his works, he grants, if needed, an irrevokable license to use this work however you see fit. He requests attribution where possible, and realises that "where possible" means that that request is not legally enforcable. Adam Cuerden (hira) 15:44, 16 January 2022 (UTC)
Regarding the origin and copyright status of this image it is a study by the portraitist F. Schmutzer[dead link], a member of the Wikipedia:Vienna Secession and its president from 1914 to 1917. Schmutzer did not intend his studies to be published, they were for his own private usearchive copy at the Wayback Machine. His studies were discovered in 2001 and sold to the Austrian National Library. It follows that this image could not have been published before 2001 and thus not within 70 years of its creation (1921). The image was the subject of a nomination for deletion and the result was a keep.
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.
Type of material
Copyright has expired in Austria if...
Copyright has expired in the U.S. if...
Unpublished simple photographs
created prior to 1974 and never published within 50 years of creation
created prior to 1946 and never published within 50 years of creation
Public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. If the work is not a U.S. work, the file must have an additional copyright tag indicating the copyright status in the source country. Note: This tag should not be used for sound recordings.PD-1923Public domain in the United States//commons.wikimedia.org/wiki/File:Einstein_1921_by_F_Schmutzer_-_restoration.jpg
Assessment
Wikipedia
This is a featured picture on the English language Wikipedia (Featured pictures) and is considered one of the finest images. See its nomination here. This is a featured picture on the Persian language Wikipedia (نگارههای برگزیده) and is considered one of the finest images. See its nomination here. This is a featured picture on the Malay language Wikipedia (Gambar pilihan) and is considered one of the finest images. See its nomination here.
If you think this file should be featured on Wikimedia Commons as well, feel free to nominate it.
If you have an image of similar quality that can be published under a suitable copyright license, be sure to upload it, tag it, and nominate it.