I apologize if my question came off as presumptuous and/or snarky. My question was genuine. I assumed from the up-votes that my question's underlying basis was indeed correct.

Clearly, taking a photograph of an art work does not automatically create a copyright free version of the art. Nor does scanning a book.

Just to clarify: A photograph wherein a copyrighted image appears but is not the focus of the image might likely classify as fair use, I assume?

Modders, please upvote parent and downmod my previous comment.