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Sergio Muñoz Sarmiento of the always interesting Clannco: Art & Law blog has chimed in about our yesterday’s post “When Paintings Are Easily Reproduced.” He tackles the legal question around Alfred Steiner’s “Erased Schulnik (Diptych)” (2010):

But is what Steiner did actually copyright infringement? At this late hour (11:00pm EST), I would have to say, not at all.

He clarifies:

To say that Steiner’s white version is a derivative work, and therefore infringing on Schulnik’s painting, would be tantamount to saying that no other artist could paint a clown face impasto-style, white or in color.

But he’s then he poses some other questions that could prove thorny:

… the legal question gets more interesting (and juicier) if we ask how exactly Steiner went about copying Schulnik’s work.

You’ll have to read the post to get the whole story.

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Hrag Vartanian

Hrag Vartanian is editor-in-chief and co-founder of Hyperallergic. You can follow him at @hragv.