The image is part of the New York World-Telegram and the Sun Newspaper Photograph Collection (Library of Congress) and are in the public domain as an instrument of gift.; See this discussion at WP:MCQ for an elaborate discussion of this image.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.
{{PD-US-not renewed}} See [http://en.wikipedia.org/w/index.php?title=Wikipedia:Media_copyright_questions&oldid=312529438#Image_from_Library_of_Congress this discussion] at WP:MCQ for an elaborate discussion of this image. The image is part of the New Yo