A recent article by Allison Meier talks about the decision as to whether high quality photographs of artwork in the public domain can and should be considered fair use. Here is a link to the article: http://hyperallergic.com/261496/uk-affirms-that-photographs-of-public-domain-art-are-fair-use/
Lorenzo Lotto, “Portrait of a Woman inspired by Lucretia” (16th century), oil on canvas. (via National Gallery/Wikimedia). The image on Wikimedia through the Google Cultural Institute is one of the high resolution images of public domain art protected against new copyright.