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

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_Corp 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.