Although the photo was published with proper copyright notice in Ebony, it was first published in many newspapers, some of which had no copyright notice at all (neither for the photo in particular, nor for the newspaper as a whole). For example:
Copyright was therefore forfeited per section 9 of the Copyright Act of 1909, which required that notice of copyright be affixed to every published copy.
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.
The author died in 1996, so this work is also in the public domain in jurisdictions where the copyright term is the author's life plus 25 years or less. This work may also be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
Uploaded a work by w:Moneta Sleet Jr. from The Pulitzer Prizes, "[https://www.pulitzer.org/winners/moneta-sleet-jr Moneta Sleet Jr. of ''Ebony Magazine'']". Originally shot for the [https://books.google.com/books?id=KtoDAAAAMBAJ&pg=PA177 May 1968 issue of ''Ebony'']. with UploadWizard