This image is marked on Flickr as Attribution-NonCommercial but has been batch uploaded using a custom script, User:Fæ/Flickr API detail, with the rationale of being a faithful reproduction of a public domain photograph. The photographer, David Knights-Whittome, died in 1943. The source Flickrstream states A Heritage Lottery funded project to catalogue and digitise the David Knights-Whittome Glass Plate Negative collection held at Sutton Archives, UK. No claim of a publication right nor assertions of sweat of the brow were made at the time of the original release.
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 in its source country for the following reason:
Public domainPublic domainfalsefalse
The author died in 1943, so 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 80 years or fewer.
Note that a few countries have copyright terms longer than 80 years: Mexico has 100 years and Jamaica has 95 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term.
https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse
It is also in the public domain in the United States for the following reason:
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.
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.