The image was distributed as a promotional photograph in the U.S. in 1946 for use by the general media, satisfying the definition of "publication." There is no evidence that it was distributed with copyright notice, as then required for copyright protection.
A search of copyright renewal records for 1974 and 1975 ([1], [2], [3], [4]) reveals that no renewal was filed as would have been required to maintain copyright protection, if any, on any bound collection of material that might encompass this photograph.
There is no evidence that RKO Pictures LLC, the corporate heir to the original property rights holder, claims copyright on the image.
Source
Scan from personal collection
Author
Original property rights holder: RKO Radio Pictures
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 original description page was here. All following user names refer to en.wikipedia.
2007-10-20 02:13 DCGeist 1500×1057× (68763 bytes) '''Description:''' Low-resolution image from the film ''[[Out of the Past]]'' (1947), featuring stars [[Robert Mitchum]] and [[Jane Greer]]<br> '''Copyright holder:''' RKO Pictures LLC '''Source:''' Scan from private collection == Fair use in [[film noir
File history
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{{BotMoveToCommons|en.wikipedia|year={{subst:CURRENTYEAR}}|month={{subst:CURRENTMONTHNAME}}|day={{subst:CURRENTDAY}}}} {{Information |Description={{en|'''Description:''' Low-resolution reproduction of publicity photograph for the film ''[[:en:Out of the