This work is indisputably in the Public Domain as Rasputin died in 1916. Works taken before that date fall into the PD even in the most generous US copyright term, however, here is proof that it is also PD in Russia (where it was taken, and assumably the nationality of the photographer): Direction to Source of Copyright Law (incidentally by a former law school classmate) and the actual Russian legislation, see Article 27 (translated into English).
The Russian Federation (early Soviet Russia, RSFSR) is the historical heir but not legal successor of the Russian Empire, and the Russian Empire was not party to the Berne Convention (it was not country of Union for the protection of the rights of authors in their literary and artistic works), so according to article 5 of the Convention this work has no country of origin except:
in the case of cinematographic work the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country,
in the case of of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country of the Union, the country of origin shall be that country,
in the case of other works if the author is a national of a country of the Union¹, the country of origin shall be that country.
¹ - Author who is not a national of a country of the Union but who has his habitual residence in a country of the Union, be assimilated to national of that country.
The exclusive rights to this work do not extend on territory of the Russian Federation according to article 1256 of the Civil Code of the Russian Federation (details), because this work does not meet the requirements on the territory of publication, on the author's nationality, and on obligations for international treaties.
Public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. If the work is not a U.S. work, the file must have an additional copyright tag indicating the copyright status in the source country. Note: This tag should not be used for sound recordings.PD-1923Public domain in the United States//commons.wikimedia.org/wiki/File:Rasputin-PD.jpg
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2006-08-10 00:56 Bobak 200×265× (10222 bytes) [[Grigori Rasputin]]. This work is indisputably in the Public Domain as Rasputin died in 1916. Works taken before that date fall into the PD even in the most generous US copyright term, however, here is proof that it is also PD in Russia (where it was t
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