This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain for the following reason:

The copyright situation of this work is theoretically uncertain, because in the country of origin copyright lasts 70 years after the death of the author, and the date of the author's death is unknown. However, the date of creation of the work was over 120 years ago, and it is thus a reasonable assumption that the copyright has expired (see here for the community discussion). Do not use this template if the date of death of the author is known. This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929.  Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

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In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the digital reproduction's license are not compulsory.