The two works are shown below as they appear on a newsletter I subscribe to called PlagiarismToday. It is very obvious they are the same image, though one is a painting. Despite Tuymans insistence to the court that his work was a parody and was not intentionally infringing, the Belgian court ruled that the painting was a copyright infringement and ordered him to stop exhibiting and reproducing the painting or failure to do so will result in a $580,000 fine (€500,000).
Here's a link to the article on PlagiarismToday
This case brings to mind a lot of works I have seen here on DeviantART. Paintings & drawings of photographs from right here on DeviantART where people have not done the polite thing... ASK FIRST! There are a lot of "artists" here on DeviantART who think that copyright is a joke, and carelessly flaunt infringements all the time. It is not a joke, it is serious business, and can end up costing a LOT of money to an unsuspecting artist in the long run.
Opinions anyone?
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2753 Productions
2D & 3D Content Webstore
RedBubble
Blogspot