Although the 1973 ordinance was abrogated by Article 166 of Ordinance No. 97–10 of 6 March 1997, which was itself abrogated by Article 163 of the currently applicable Ordinance No. 03–05 of 19 July 2003, this did not lead to a renewal of the copyright of photographs which had already fallen into the public domain, because both the 1997 and the 2003 ordinances contained transitional provisions explicitly disallowing retroactive protection of out-of-copyright works.

In order to be hosted on Commons, all works must be in the public domain in the United States as well as in their source country. The copyright of all Algerian photographs published prior to 1987 had already expired in Algeria by the U.S. date of restoration (April 19, 1998) and are in the public domain in the United States as long as they were not published in the US within 30 days of the first publication in Algeria.

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