> Scale matters.

On what grounds? Very rarely does the law see things that way [1]. Where is the tipping point. What if it did Mondrian _and_ Rothko? Still good? Okay, now add Damien Hirst. Also add Jackson Pollock. Then Roy Lichtenstein. What is your grounds for delineation? If it's just a feeling, then the problem isn't the law, it's you. Monet could just be a Photoshop filter, Pointillism is. Warhol?

[1] Newton v. Diamond is an example I can think of https://www.quimbee.com/cases/newton-v-diamond