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In Finland, that photo probably is public domain after 50 years of the moment it was taken.
Here's a photo from 1952, where Paavo Nurmi lights olympic fire. It's one of its kind, there's no photo like it, but it's nothing else than just a photo. In terms of copyright. It's public domain now.
Just because no-one else didn't take photo at the same time, doesn't make it piece of art, which would have 75 year copyright protection after photographer's death.
So, I would say DC have a strong point here. As in my example, it's something rare, which no-one else hasn't captured. But, as said, photographer couldn't effect the situation, so anyone would have the same possibility to take the very same photo. (Am I clear enough?)
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