That's a separate and in some circumstances a serious problem. For instance, an art gallery takes a photo of an artwork that's out of copyright for reference/i

That's a separate and in some circumstances a serious problem. For instance, an art gallery takes a photo of an artwork that's out of copyright for reference/insurance and (a) doesn't allow photos in the gallery and (b) the photo which is copyright isn't on sale (as it wasn't intended for that purpose). So the out of copyright artwork is locked up from reproduction. Variations on this theme are a problem with galleries and museums worldwide.