on the following:

My situation involved a temporary exhibit.  The artist worked directly from a
photo snipped from an old magazine.  She kept no records on the photographer,
and thought nothing of recreating the portrait almost exactly (with some
cropping).  I had no idea that this was the case, and I used an image of the
painting in a brochure.

So, there was a violation of the photographer's copyright, as well as the
magazine's.  But since the artist has no idea where the image came from, it
can't be traced.  The one saving grace is that it is probably more than 20
years old, and thus may fall under the old copyright laws.  I could just be
hoping that this is the case!  Hmmm.

I spoke to the artist about this recently, and she is not overly concerned.
 Apparently, a lot of artists she knows do this all the time, and she is
willing to pay a fine if the original photographer makes a fuss.

Does this mean we need a preamble to our copyright agreements where the
artist signs a statement saying he/she did not violate anyone else's
copyright in the process of creating their art?  Where will this all end?