Photographs of public domain paintings: how, if at all, should we protect them?

An original painting that hangs in an art museum is accessible only to those who can visit the museum. A photograph of the painting that reproduces it as faithfully as possible can make the painting's image available to a much wider audience. Such art reproduction photographs can raise a number of copyright issues. In light of this controversy over copyright protection, and the practical hurdles to reproducing public domain paintings, it is worth considering anew the question of what protection, if any, should be granted to art reproduction photographs of public domain paintings. Existing law remains quite unclear as to how much the Copyright Clause's limitations on Congress's power also restrict its power to enact legislation under other grants of authority. But constitutional constraints, like international ones, might perhaps preclude the adoption of a sui generis regime for art reproduction photographs.