[gnicholas]

So if someone makes a painting, or a sculpture, she would have to create and distribute copies or risk losing protection?

I could see how this might make sense for things that can be perfectly copied, but not so much for anything that is even slightly 3D.

[majewsky]

So then make the rule just for cheaply copiable media. Copyright already has lots of specific rights that only appear to certain forms of media, e.g. the right to broadcast exists for movies, but not for statues.

[throwaway48476]

Lookalike sculptures and paintings are not copyright able.