[etcb]

and has been in the public domain.

Not trying to get into this mud fight but offer the following regarding works in the public domain:

The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.

[sockhead]

You are right about public domain and I should have chosen my words more carefully. I meant the photo has been in the wild, shared on the Internet.

[Ozark Tom]

The public domain criteria applies only if no private copy-rite is valid. Many an instance exists of copyrighted material placed publicly available for non-commercial viewing and casual use, as it promotes professional recognition; but, a professional or commercial use absolutely requires a licensing transaction.