Copyfight on the Bean That May Not Be Photographed (and follow the links therein).

Question:  Assuming that it is unauthorized, does the second image of a reflected scene in the bean infringe the copyright of the sculpture?  Note – I’m not talking about breach of license, as in the photographer apparently needed permission from the property owner (in this case, I think, the City of Chicago) to take a picture from where he/she was standing.  My question is: what is the scope of the copyright in the sculpture and does the photo on the right infringe that copyright.