• Photo has no copyright marks.
• Mitchell Ayres died in 1969 at the age of 59, so the photo was produced well before 1978.
• It was created for publicity purposes-distribution to the media and also to those who may have been interested in hiring the band for various functions. The image was meant to bring attention and publicity, the same as the publicity photos for actors and actresses in the film industry were intended to do.

Film production expert Eve Light Honthaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):

"Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary."

"There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.)

Creative Clearance-Publicity photos

"Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did)."

• United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the copies.

1 The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”

2 The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.

3 The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.1 Example © 2007 Jane Doe."