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Also, it is not an infringement of the copyright in a work if you draw, take a photograph or make a film of, buildings or sculptures or works of artistic craftsmanship which are located in a public places or in premises open to the public and copyright is not infringed in any material when it is used in legal proceedings.
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This is not a loophole.
Publishing said photograph is what constitutes the infringement. You can draw or photograph an artwork in any private or public place (unless the museum says otherwise and some do) and show it to friends, but you cannot publish it as a book cover or similar. Unless of course, as I said earlier, you have an agreement (preferably written) with the artist.