I am unsure whether PD-old license is correct here, because the photographer's name and date of death is missing. However , assuming it was taken in Switzerland, the image may not be copyrightable, but see also Wikipedia:Media_copyright_questions and Image on wikipedia. Please note http://www.bhm.ch/en/news_04a.cfm?bid=4&jahr=2006 claims reproduction rights, whether they are justified in so claiming I do not know. Here are their words.

Einstein photos: Reproduction rights and picture credits Rights to the reproduction of the Einstein photos on our website are granted free of charge if used as part of a report or feature on the Historisches Museum in Bern. Picture credits must, however, be printed.

If used in any other connection, reproduction is subject to a fee. The rights must be obtained directly from the picture archive cited for the photo in question.