On 23/03/2008, Newyorkbrad (Wikipedia) newyorkbrad@gmail.com wrote:
It seems to me that common sense should be used in this as in all other matters. A 60-year-old photograph that has never been the subject of any claim of ownership and which has been repeatly used in multiple media around the world without challenge is freely usable in any practical sense.
Newyorkbrad
We however stick with the legal sense. Reason being that "practical sense" has an annoying tenancy to turn out not to be and is way too subjective.