According to NBC News, there is no known photographer or date for this photograph. However, it cannot be possibly created any later than 1981 as the subject died that year.
This work is in the public domain because it was published in the United States between 1978 and March 1, 1989 without a copyright notice, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years.
Unless its author has been dead for several years, it is copyrighted in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada (70 pma), Mainland China (50 pma, not Hong Kong or Macau), Germany (70 pma), Mexico (100 pma), Switzerland (70 pma), and other countries with individual treaties. See this page for further explanation.
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