These images (or other media files) are in the public domain because their copyright has expired. This applies to the United States, where Works published prior to 1978 were copyright protected for a maximum of 75 years. See Circular 1 "COPYRIGHT BASICS" PDF. Works published before 1923 in this case 1881 and 1863, are now in the public domain.
This image is also in the public domain in countries that figure copyright from the date of death of the artist (post mortem auctoris), in this case, Thomas Nast (September 27, 1840 – December 7, 1902), and that most commonly runs for a period of 50 to 70 years from the last day of that year. +sookie tex
Thomas Nast immortalized Santa Claus' current look with an initial illustration in an 1863 issue of Harper's Weekly, as part of a large illustration titled "A Christmas Furlough" in which Nast set aside his regular news and political coverage to do a Santa Claus drawing. The popularity of that image prompted him to create another illustration in 1881.
Title: Santa Claus in camp. Date Created / Published: 1863. Medium: 1 print : wood engraving. Summary: Santa Claus giving gifts to soldiers in camp. Reproduction Number: LC-USZ62-122770 (b and w film copy neg.)
Rights Advisory: No known restrictions on publication.
Call Number: Illus. in AP2.H32 1863 (Case Y) [P and P] Repository: Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA
Notes: Illus. in: Harper's weekly, v. 7, (1863 Jan. 3), p. 1.
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