I am involved in a dispute at http://en.wikipedia.org/wiki/Wikipedia:Possibly_unfree_images#Wikipedia:_Pos... regarding the copyright status of official potraits commissioned by the U.S. government. Since this could lead to the deletion or "fair use" tagging of these images, some more input here is really needed here.
I listed [[:Image:Rbreich.jpg]] as a PUI because the painter, Richard Whitney, does not seem to be a U.S. federal government employee. According to 17 U.S.C. §101 "A 'work of the United States Government' is a work prepared *by an officer or employee of the United States Government as part of that person's official duties*." If Richard Whitney was not employed by the DoL with the assigned duty of painting an official portrait, then I do not believe the image can be claimed to be public domain. Commissioned works and works for hire can still be copyrighted, as 17 U.S.C. § 105 states "Copyright protection under this title is not available for any work of the United States Government, *but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise*." (Disclaimer: IANAL)
Some with the legal expertise or insight should comment. If I am held to be right, then a great number of images clearly not created by a federal employee or officer will have to be de-tagged as PD.
Jiang