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Years ago there was a copyright fight over two photographs very much in the same vein as this two paintings. An advertising firm wanted to buy the rights to a photograph and the photographer didn't want to sell the rights so the ad firm went about recreating it with just enough differences (they thought) to circumvent the copyright laws. Several years of court battles later the original photographer won the case. In summery the copyright judge said that though the two photographs were measurably different the positioning of the subjects and the locations gave the 'same feel' to both photographs. If the photographer didn't have the money to fight the multi-year court battle guess who would have won.
As an OT addendum, the legality of using a photograph for any particular use and or at any particular time is a fascinating subject to read about. One of the most interesting areas is when a model release is required and when it isn't.
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