File:The Terror of War.jpg

The photo was published simultaneously in many newspapers, many of which had no copyright notice at all (neither for the photo in particular, nor for the newspaper as a whole). For example:

• San Francisco Examiner
• The Atlanta Constitution
• The Philadelphia Inquirer
• The Miami Herald
• The Cincinnati Enquirer
• Akron Beacon Journal
• The Capital Times
• The Sacramento Bee
• Oakland Tribune
• The Tampa Times
• The Charlotte News
• Tallahassee Democrat
• Fairbanks Daily News-Miner

Copyright was therefore forfeited per section 9 of the Copyright Act of 1909, which required that notice of copyright be affixed to every published copy.

The photo's country of origin is unclear, as it was distributed by the Associated Press and may have been published simultaneously in any number of countries. Per the Berne Convention's definition of "country of origin", the country with the shortest copyright term out of those where the photo was published would be the country of origin. Thus it is likely that the photo will be eligible for transfer to Wikimedia Commons 50 years after the photographer's death, the shortest copyright term allowed among Berne Convention countries.