Picasso "The Dream"
In copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work.
per copyright circ14 derivative
"To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself."
What would you decide if you were the judge?