Resumen

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.

Licencia

Esta imagen es de dominio público porque el copyright de esta fotografía, registrada en la Argentina, ha expirado. (Todas las obras fotográficas de más de 25 años de antigüedad pasan al dominio público luego de 20 años desde su primera publicación, conforme Ley 11.723, Artículo 34 y sus modificaciones, y el Artículo 7 inc. (4) del Convenio de Berna). Use esta plantilla únicamente para fotos y NO para dibujos u otras obras de arte. Advertencia: debe indicarse la fecha y fuente de una publicación anterior a 20 años de modo que pueda ser verificado por terceros, y darse clara evidencia de que la imagen fue tomada hace más de 25 años. العربيَّة | Deutsch | English | español | suomi | français | galego | italiano | македонски | മലയാളം | português | português do Brasil | русский | sicilianu | 中文（中国大陆）‎ | +/−

	This work is in the public domain in the United States because it meets three requirements: it was first published outside the United States (and not published in the U.S. within 30 days), it was first published before 1 March 1989 without copyright notice or before 1964 without copyright renewal or before the source country established copyright relations with the United States, it was in the public domain in its home country (Austria) on the URAA date (1 January 1996). It is also in the public domain in other countries and areas where the copyright terms of anonymous or pseudonymous works are 80 years or less since publication.
	For background information, see the explanations on Non-U.S. copyrights. Per the Austrian copyright law of 1936, the photograph entered the public domain in 1951.
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