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by starkness 5717 days ago
There is actually a debate as to whether photographs of paintings in the public domain can be copyrighted. The current consensus in the US appears to be no. See: http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_....

If it was a print of the painting, it would depend upon whether a court would construe that it had sufficient originality to be a derivative work. But that wouldn't stop Getty from trying to assert copyright.