File:The Stardusters with May McKim approx 1940.jpg

Photo has no dating information. May McKim, the female artist in the photograph, worked with the Stardusters from about 1939 until replaced by June Hutton in 1941 [1], which dates the picture to 1940 plus or minus a year. Ms McKim can be identified through this and several other photographs posted on her daughter's website and Facebook pages as seen in these links: [2] [3]

The photographer's name is well within the margins of the photo, and there are no visible copyright markings, as can be seen in this image and in the links above.

It was created for publicity purposes-distribution to the media. The image was meant to bring attention and publicity for the artists pictured, the same as the publicity photos for actors and actresses in the film industry were intended to do.

(Having been published without copyright notice in the United States between 1923 and 1977 also places it in the public domain there.)

Film production expert Eve Light Honthaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):

"Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary." "There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.)

Creative Clearance-Publicity photos "Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did)." United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the copies. 1 The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.” 2 The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.