Great. Let's 'fight' over details. (The Ley de Propiedad Intelectual (LPI 1996) [7] (1987) provides 25 years of copyright to "mere photographies" or similar reproductions, beginning on the 1st January of the following year of the creation.) 2008-25=1983 Any chance this scan comes from a photograph that was published in a book before 1983? Yes! Any chance that this photograph comes from an USA book that was published after 1983, but the photograph was taken before 1983? Hmm. Yes too. I originate from 1984 and I have (almost) nothing but colour photographs from my own persona. Furthermore, concerning the rights of the museum on the image of the painting: one could also plea that under USA copyright law (and dozen of others that recognize 'fair use'): It is believed that the use of low-resolution images of works of art

1. for critical commentary on
1. the work in question,
2. the artistic genre or technique of the work of art or
3. the school to which the artist belongs
2. qualifies as fair use under United States copyright law.

.

As you will notice when you visit Wizard Gynoid's 'MC Escher's Stars in Second Life', the title of the build contains the attribution. I dare to say this is not an mere replica, but an artistic interpretation where a lot of work was involved in personalising it: the original sketch is 2D black and white, the 3D build is - well - 3D, with coloured textures, an elaborate fly, different chameleons, etc. Of course, a judge could rule otherwise. ;)

Gracie, yes, many different versions out there. Because it depends on the country your in, the precedents or the perspective of the judge (if something is taken to trial), the original medium, the medium of reproduction, the use of the reproduction (commercial, non-commercial, education), ... . Add to that that the idea of a 'virtual world' is new to laws - where some countries did not even incorporate the idea of internet/virtual data as a medium in their laws yet. You get a big mixed up ball of yarn that can be unravelled in very different ways - if it can be unravelled at all! ;)