Dating rationale: Based on the image dated 1923 found at Das Rote Wein, the image clearly dates to before that time. Another known image from the archives of Rosika Schwimmer at the New York Public Library can be dated to most likely between 1901-1913. The two women first corresponded around 1901-1902,[1](pp. 288-289) met in person at the 1904 Berlin Congress of the International Woman Suffrage Alliance(pp. 196, 371) and appear to have last had contact around 1913,(subscription required) after which Schwimmer moved abroad and into the peace movement. It also dates to after 1885, as the image on the Das Rote Wein shows Lang with her first husband, who she divorced in 1884(p. 33) and is clearly a younger woman.

Evaluating clothing styles in the period, it clearly dates to before 1900, as association with Secessionist artists had changed the predominant fashion in Austria to lighter-weight fabrics with a more flowing style.(pp. 29-30) Clothing of the 1890s, tended to have a heavier fabric with a narrow skirt and increasingly through the decade were characterized by puffed sleeves.[2] Lang's outfit more nearly matches clothing of the early 1880s, with lavish decorations on heavy fabric, with fuller skirts and narrow sleeves with elaborate trims on the neckline and cuffs.[3]

Rationale for licensing: 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".[4] 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;[5] however, by virtue of the previous legislation, the original photo was probably created before the 1895 law and thus had no protection, having never been identified by a photographer. Even if it qualified for protection under the 1895 law, it expired at the latest in 1909. The copyright law of 1936 in §74 (6) the term is defined as expiring 20 years after a photograph was created or 20 years after publication.[6] If the 1936 law gave protection to works which were out of copyright, the copyright on the photograph in Austria expired at the latest in 1919. While the law was amended in 1953, it did not retroactively restore expired copyrights.[7] As no subsequent law was passed prior to URAA effective date of 1996 (the Austrian law was next amended in 1998), it appears the photograph was out of copyright as of 1919.

Searching available databases, it does not appear that the image was previously published before 2003. No evidence of this image appears in ANNO (evaluated over 1800 newspaper and journal articles), Ariadne, the University of Vienna, Österreichische Nationalbibliothek, hathitrust, archive.org or any other engine that was locatable and might contain a publication of the photograph. Further Ariadne's biography appears to have first published the image 2004.

The copyright situation of this work is theoretically uncertain, because in the country of origin copyright lasts 70 years after the death of the author, and the date of the author's death is unknown. However, the date of creation of the work was over 120 years ago, and it is thus a reasonable assumption that the copyright has expired (see here for the community discussion). Do not use this template if the date of death of the author is known. You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.  Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

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This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information.