== File:Richardfiske.jpg == 

 From looking at the auction and both sides of the photo, it appears that this could be changed to PD-pre 1978.  There's a 1938 date stamp on the back and a request to credit the photographer.  There are no copyright marks that I can see. I think all you need to do is upload a copy of the back of the photo to prove dating and that there are no copyright marks on either side of the photo.