1. First, the photo is a mechanical scan/photocopy of the original cover and does not qualify for independent copyright protection.
2. Second, the portrait was first published prior to 1978 without a valid copyright notice.

The pre-1989 requirements for copyright notice were highly formalistic and, other than a few enumerated exceptions, required these three elements:

1. "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)";
2. "The year of first publication for the work"; and
3. "The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner."

If just one of these elements is omitted, the work is deemed to have been published without notice and is not eligible for copyright protection.

Note: These messages don't apply to the image above, but a tip for others interested in using other imagery from C Comics:

• Although C Comics No. 2 was published without a valid copyright notice, C Comics No. 1 was, and as such remains under copyright.
• While C Comics No. 2 as a whole is in the public domain, some portions may not necessarily be "free" for all purposes. On several pages, the comic appropriate well-known characters from comic strips that remain under copyright. These include Dick Tracy (a character originated in 1931), Nancy (1933), Archie Andrews (1941), Veronica Lodge (1942), etc. There is independent copyright protection for fictional characters, which may apply for certain uses of these pages from C Comics. While the artwork itself may be public domain, the depicted character may not be—see COM:CHARACTER for more information. Original characters from C Comics No. 2 are public domain.