(Original text : *The photo has no copyright markings on it as can be seen in the links above.
It can be dated by the earliest date stamp on the back as well as a look at Benny's radio show history. In 1933, he was on the air at NBC, having arrived there 17 March of that year. He did The Chevrolet Show from 1933 to 1934. Benny died in late 1974 at age 80; it can be seen that the photo is pre-1978.
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.
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.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.
The original description page was here. All following user names refer to en.wikipedia.
2011-07-20 23:27 We hope 708×844× (90564 bytes) Photo cropped and flaws fixed. Previous upload was to establish source, dating and that there are no copyright marks on photo.
2011-07-20 23:25 We hope 867×2000× (130007 bytes) Back of photo covered part of image, so re-uploading.
2011-07-20 23:22 We hope 794×2000× (113532 bytes) {{commons ok}} {{Information |Description=Publicity photo of Jack Benny. |Source=[https://cgi.ebay.com/1933-Very-Early-Handsome-Radio-Comedian-Jack-Benny-/250857808590?pt=Art_Photo_Images&hash=item3a684a62ce#ht_3683wt_1397 eBay item] [https://173.12.230.44/
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{{BotMoveToCommons|en.wikipedia|year={{subst:CURRENTYEAR}}|month={{subst:CURRENTMONTHNAME}}|day={{subst:CURRENTDAY}}}} {{Information |Description={{en|Publicity photo of Jack Benny.}} |Source=Transferred from [https://en.wikipedia.org en.wikipedia]; trans