I believe it is reasonable to conclude that a man who was a professional photographer in the Austro-Hungarian Empire in 1898 would not still be alive in 1944; therefore, in the absence of more specific biodata on Rudolf Graf, I have concluded that -- as of March 21, 2014 -- he has been dead for more than 70 years.

As well, if this photo was never published, then it is subject to "PD-US-Unpublished", because it was only posted to Flickr in 2009, and Unpublished applies to images that were unpublished prior to 1 January 2003.

This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 70 years or fewer. You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.  Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse

This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information.