This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain for the following reason:

	The author died in 1865, so this work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 100 years or fewer. This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929.
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In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the digital reproduction's license are not compulsory.