When does it cross the line?

Not that Damien Hirst's sales are being hurt by this ZGallerie novelty decor item (above), but this did immediately catch my eye as being a pretty blatant reference (copy??).

I would argue that this example differs from the not-a-Koons balloon dog, because the image of a balloon dog is very much in the public sphere. But it's not everyday that you come across a silvery skull, its surface faceted by glimmering metallic bumps, meant to mimic diamonds. Meant to look a lot like this.

I feel like this metallic skull needs a credit line.

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