Because it's private property, that's not necessarily the case. I mostly know about how museums in the US deal with it, so this may or may not apply, but because it is a privately owned work of art the owner must authorize reproductions of it. That is, the work itself may be in the public domain, but in order to access the work to see it or photograph it you need the permission of the owner. The claim is that there is an implicit contract that comes with that permission which assigned the copyright of any derivative to the owner of the work itself.
Note that this practice has come under a great deal of fire...but for now it's how it works.
Note that this practice has come under a great deal of fire...but for now it's how it works.
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