DescriptionWilliam Utermohlen - Portrait of Gerald Penny.jpg
English: This is a portrait of Gerald Penny, a student at Amherst College who drowned in the College's Pool on 12 September 1973. This portrait was a posthumous portrait by William Utermohlen, who was an art teacher at the college around the same time.
This painting was originally published in the Amherst Student on October 14, 1974. This is pre-1978.
The newspaper shown in the full link has no copyright markings, which according to United States Copyright Office page 2, a Copyright notice should have the following three attributes, and should appear together or in close proximity in copies:
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.
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 for the following reason:
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 (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.
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.
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