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 (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.
First known publication of the photo was in This is New York: The First Modern Photography Book of New York, Gilbert Seldes and Leigh Irwin, ed., New York: D. Kemp, 1934. p. 23. It can be seen in this sale listing. Copyright may therefore have been established anywhere from 1930 to 1934, so renewal would have had to occur between 1957 and 1962. Copyright renewal records were searched for Abbott's name and for variations on the photograph's title, and no records were found. No renewal was found for This is New York.
Furthermore, the photo was published without any copyright notice in The Springfield Daily Republican, September 6, 1942, page 6E. It illustrated an article by Abbott's long-time partner Elizabeth McCausland, so the publication can be presumed to be authorized by Abbott.
Also published without proper copyright notice in Art in Progress: A Survey Prepared for the Fifteenth Anniversary of the Museum of Modern Art, 1944, page 159. The book as a whole had copyright notice in the name of the Museum of Modern Art, but there was no copyright notice for the photograph itself in Abbott's name, as was required under the Copyright Act of 1909.
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