Jay R. Ashworth wrote:
I'm actually pushing it farther than that: I'm asserting that *even if the artist requested that I take his photo whilst he was showing off said painting* (which perhaps he just won an award for) that the appearance of the painting in the photograph is incidental and incurs me no derivation of his copyright.
You don't get it, do you? You're trying to convince *us* on this list, while in the real case you need to convince the *owner* of the copyright of the painting and a *judge* in a court of law.
In order to convince anybody here, you need to point to legal cases where your principle has prevailed.