Just my two cents - Artwork is protected, but that doesn't mean someone can't recreate sometihng with their own twist on it. I point outto you the case of Jack Vettriano (i believe that is the correct spelling) Who painted and sold paintings which were copies of the paintings in "learn to paint" manuals etc. Perfectly legal, as it was all his own work, even if it was similar, or indeed the same, as this other work. Unfortunately doing your own take on something is NOT a derivative of it. If everything was done on his own, then just because it bears resemblance to another style doesn't give the owner of that other style copyright over it.
If it could be shown that the images were simply recreations of the original images then yes it would be in breach of copyright. If they were created from scratch then no, it wouldn't.
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