Merkelbach was a portrait photographer according to [1]. The Atria page lists the image as in the public domain. Atria is an institute that is a descendant of the International Archives for the Women's Movement. Since starting in 1935, they received many personal archives. It is likely that this photo was never published until public domain. The site hosts other Tendeloo images, and lists those as in Copyright.
Licensing
This is a faithful photographic reproduction of a two-dimensional, public domain work of art. The work of art itself is in the public domain for the following reason:
Public domainPublic domainfalsefalse
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.
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).
https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse
The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain". This photographic reproduction is therefore also considered to be in the public domain in the United States. In other jurisdictions, re-use of this content may be restricted; see Reuse of PD-Art photographs for details.
Public domainPublic domainfalsefalse
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.
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