How do you know it is Creative Commons? I am guessing this image was illustrated before times of copyright.
I think this is the Action of 9 August 1780 as a naval attack during the Anglo-Spanish War.
Not sure is a later depiction of it, or it is a relatively old image. I am pretty sure that since this painting is in the National Maritime Museum. It is quite old.
Anything before 1923 should be good, and if the author died 120 years after the date of publication.
https://en.wikipedia.org/wiki/Action_of_9_August_1780