There is a valid copyright notice which is Copyright, 1939 By MIGUEL R. CORNEJO All Rights Reserved. However, the copyright was not renewed on its 28th year of publication, therefore it lapsed into public domain in the United States. In the Philippines, this photograph was published more than 50 years ago, specifically in 1938 (and then republished on the source indicated above in 1939), therefore it lapsed into public domain in the country as well.
Licensing
This work is in the public domain in its source country for the following reason:
It is an anonymous or pseudonymous work and 50 years have passed since the year of its publication
It is an audiovisual or photographic work and 50 years have passed since the year of its publication
It is a work of applied art and 25 years have passed since the year of its publication
It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
Important note: Works of foreign (non-U.S.) origin must be out of copyright or freely licensed in both their home country and the United States in order to be accepted on Commons. Works of Philippine origin that have entered the public domain in the U.S. due to certain circumstances (such as publication in noncompliance with U.S. copyright formalities) may have had their U.S. copyright restored under the Uruguay Round Agreements Act (URAA) if the work was under copyright in its country of origin on the date that the URAA took effect in that country. (For the Philippines, the URAA took effect on January 1, 1996.)
Note that this work might not be in the public domain in countries that do not apply the rule of the shorter term and have copyright terms longer than life of the author plus 50 years. In particular, Mexico is 100 years, Jamaica is 95 years, Colombia is 80 years, Guatemala and Samoa are 75 years, Switzerland and the United States are 70 years, and Venezuela is 60 years.
This work is in the public domain in the United States for the following reason:
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.
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