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 author died in 1842, so this work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 100 years or fewer. This work is in the public domain in the United States because it meets three requirements: it was first published outside the United States (and not published in the U.S. within 30 days), it was first published before 1 March 1989 without copyright notice or before 1964 without copyright renewal or before the source country established copyright relations with the United States, it was in the public domain in its home country on the URAA date (January 1, 1996 for most countries). For background information, see the explanations on Non-U.S. copyrights. Note: in addition to this statement, there must be a statement on this page explaining why the work was PD on the URAA date in its source country. Additionally, there must be verifiable information about previous publications of the work.

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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.