So photography isn't an art and photographers aren't artist?

While I don't necessarily think it was wrong of Bethesda (although it may have been more of a rogue act by a time-pressed texturer) to use a photo for reference, that photo was an original, copyrighted work, as boring as it may be. The question becomes: did Bethesda alter it enough and introduce sufficient original content to make the new work (the texture) a work capable of being protected as well? There's an argument either way, but I said there's more than a 50-50 chance the Bethesda texture has no copyright protection as a derivative work.
If you want to see how far derivative work can go, look up the Rocky IV case where the author of a script for Rocky IV pitched his script to Stallone, the director, and the studio only to have them use it in large part without compensating him--the appellate court ruled the script was a derivative work based on previously-existing characters and wasn't protected by copyright even though the script itself was essentially entirely new. Then again, drawing a mustache on the Mona Lisa and presenting it as a new work did garner copyright protection, so you never really know.
