DescriptionDame Maggie Smith 1973 (front side) (cropped).jpg
English:
English: Vintage press photo taken in Dame Maggie Smith in 1973, published and distributed during the free domain period prior to 1977), for the intent of publicity.
The photo has no copyright markings on it as can be seen in the link above and in the copy of the file showing the back, uploaded separately (as was done in the eBay source link above.
See also w:film still article, which explains that publicity photos were traditionally not copyrighted.
No copyright registered for this photo.
It was created for publicity purposes-distribution to the media and the image was meant to bring attention and publicity for actors and actresses. See also w:film still article.
Film production expert Eve Light Honathaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):
"Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary."
"There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.)
"Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did)."
United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the 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.
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.