Either that, or Joe's didn't paint the painting.
Joe painted the painting.

Than what's the problem. Once Joe put "pen to paper" he has automatic copyright. If he's still alive, copyright continues to be his until his death. Copies of his picture can't be made without his permission. If I remember your "story", Joe put his picture in an art gallery. I'd be interested to know under what terms he put it in the gallery. I'd be willing to bet that a picture wouldn't be hung in a gallery without permission for it to be "copied".

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