The photo is a detail from a 1933 publicity photograph reproduced in a book of jazz pictures. According to the credits, the photo was in a collection that was subsequently given to Jazz at Lincoln Center upon the death of the collector. Tom Reedy contacted the center to see if they had the photo and to determine the copyright status, but they said they couldn't find it among the collection. It seems a safe bet that any copyright on a 1933 publicity photo for a musician was not renewed.
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