Commons:Deletion requests/File:Romanian Front - January 1917.png

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:Romanian Front - January 1917.png

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Published 1932, still in copyright in the US and EU copyright did not lapse until 2002 Sturmvogel 66 (talk) 20:00, 6 January 2022 (UTC)[reply]

And yet this file isn't nominated for deletion. It comes from the same book. And to add to it, doesn't the copyright license say "This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 70 years or fewer."? In this case, the author, Edmund Glaise-Horstenau, died in 1946, which is over 70 years ago. The book is also published here and the site says it's copyright free. Alin2808 (talk) 20:21, 6 January 2022 (UTC)[reply]
Good points, but I didn't look at any other images from the same book as I was focused on those in your article. I'm not sure how the Upper Austrian Bibliothek can declare the book copyright free based on skimming Austrian copyright law, but I'm certainly no expert on the issue. Hopefully somebody more knowledgeable than either of us will respond to the deletion nomination so we can get a expert opinion.--Sturmvogel 66 (talk) 21:15, 6 January 2022 (UTC)[reply]

In Austria, the Copyright Act provides for a protection period of 70 years following the death of the author with regard to literary and artistic works, and musical art. In the case of a co-authorship, the protection period ends 70 years after the death of the last surviving co-author. (in 1933, the Austrian legislator extended the term, to 50 years after the death of the author. In 1953, the protection term was further increased up to 57 years. In 1972, Austria increased the protection term again up to 70 years).Accipiter Gentilis Q. (talk) 22:16, 6 January 2022 (UTC)[reply]

So this image would be in the public domain as the author died in 1946, right? Alin2808 (talk) 23:37, 6 January 2022 (UTC)[reply]
Yes.Accipiter Gentilis Q. (talk) 18:40, 7 January 2022 (UTC)[reply]

 Comment Glaise-Horstenau was not the author of this massive work with 7 volumes, published from 1930 to 1938. He was the director of the Austrian War Archive, the editor of the whole work and also one of many contributors to it. He is not known as a draftsman or cartographer.

Several prefaces in the various volumes name Georg Zöbl (an officer, like many of the contributors) as being in charge of the supplements (the maps) and sketches. It is not quite clear if he actually drew them or just oversaw their production, checked their content for errors etc. I found him in several address books of Vienna, initially as a colonel, then in 1935 or so he is listed for the first time as a retired major general. He is still listed in 1942 (or 1943?), then I couldn't find him anymore. So he could have died in the last days of the Second World War or just after. Or maybe he just moved back to Tyrol where he apparently was from originally, I don't know.

As for the claim by that library that the whole work is in the public domain: That is not true. I looked through the list of contributors and found several that died less than 70 years ago, some lived until the 1970s. (Kiszling until 1976, Diakow: 1970, Franke: 1976, Heydendorff: 1974.)

So what is the copyright status of the maps? Hard to tell. If we assume Zöbl as their author, we don't really know either, he could have died over 70 years ago or not, which suggests restoring them with {{PD-old-assumed}} 120 years after publication. Or, if one were to assume the maps were anonymous works, they would all be in the PD already (70 years after publication), in Austria at least. I haven't read through the whole seven volumes (plus one index volume) though to see if the draftsman(men)/cartographer(s) is/are really not mentioned anywhere, nor do I know if the identity became known elsewhere (§ 12 (2) UrhG Österreich).

US copyrights would expire from 2026 (for the first volume) to 2034 (the last volumes). This specific file is taken from the fifth volume published in 1934, so the US copyright expires in 2030.

This is only one of several maps taken from that work and uploaded to Wikimedia Commons btw: [1] --Rosenzweig τ 00:55, 22 May 2022 (UTC)[reply]

Found something here: „Österreich-Ungarns letzter Krieg 1914—1918“. Verfaßt unter der Leitung von Edmund Glaise v. Horstenau und Rudolf Kiszling. Bearbeitet von Josef Brauner; Eduard Czegka; Jaromir Diakow; Maximilian Ehnl; Friedrich Franek; Walther Heydendorff; Maximilian Hoen; Edmund Glaise v. Horstenau; Rudolf Kiszling; Karl Klumpner; Viktor Meduna-Riedburg; Franz Mühlhofer; Rudolf Prohaska; Eduard Steinitz; Ernst Wißhaupt und Georg Zöbl. Graphische Bearbeiter: Johann Gerlich, Rigobert Pohl und Johann Roszinsky. Bd. 1—7 nebst Beilagenband 1—7 und Registerband (Wien 1930—1938). (emphasis added by me) So I think that means that Johann Gerlich, Rigobert Pohl and Johann Roszinsky are the men who actually did the maps and sketches. Rigobert Pohl lived 1884–1965 accd. to the Allgemeines Künstlerlexikon online. --Rosenzweig τ 01:27, 22 May 2022 (UTC)[reply]
I can find one Johann Roszinsky (full name Rudolf Johann Roszinsky), born in Vienna in 1891, married in Vienna 1923, and another one (probably the same) who died in 1984 and was buried in Vienna. I could not find other persons named Johann Roszinsky in Vienna. --Rosenzweig τ 01:52, 22 May 2022 (UTC)[reply]
I did find several people named Johann Gerlich in Vienna, and at least three of them listed in the 1950s address books for Vienna apparently worked for the state. So I'm not sure about that one, but I think there's a good chance that he lived beyond 1951.
In conclusion, I think we should  Delete this map as well as the others from that work, since it is very likely that they are still copyrighted in Austria, and they are definitely still copyrighted in the USA. As for restoring them, since we don't know which one of the three draftsmen did what, restoration with {{PD-old-assumed}} 120 years after publication seems a sensible approach. So from 2051 until 2059 depending on the volume they were taken from. --Rosenzweig τ 10:36, 22 May 2022 (UTC)[reply]

Deleted: Per @Rosenzweig: , thanks for your explanation and research. This particular file can be undeleted in 1934+121=2055. . --Ellywa (talk) 18:14, 24 May 2022 (UTC)[reply]

Temporarily undeleted this file to include in general DR of all files, Commons:Deletion requests/Files found with "Österreich-Ungarns letzter Krieg". Ellywa (talk) 22:17, 28 May 2022 (UTC)[reply]
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