[balls187]

As far as I know, no. It's usually up to a Judge to determine. Per this specific case, the USPS tried to argue something along those lines, but the plaintiff successfully claimed that because the statues face was feminized, it was not a copy, but a derivative.

[omeid2]

That is ingenious. Considering that Mithras is a man, so a feminine version is easy to argue as substantially different.