After discussion(see above link) it was resolved that, despite the fact that the photo is dated by San Francisco Library as being before 1923, it can not be processed as Public Domain because we do not know when it might have been first published. So the photo is now submitted as Fair Use with the Non-Free Use Rational template added to the photo's Summary. It was deemed by admin User:Masem that "there's no reason to remove these images on the licensing issues alone" and that "the NFCC#4 issue is null here since the SF Library has published the photos." James Carroll (talk) 22:40, 27 February 2014 (UTC)[reply]
