03-22-2013, 03:43 AM
<Not a lawyer.
If you take someone else's work to use as reference then there is a large gray area. If it is derivative enough, to the point that the author of the referenced work wouldn't recognize the piece, you have nothing to worry about. If it's too close, or traced, or filtered over, then they might have a case against you. For example, the famous blue/red/white Obama vector illustration was traced directly over a photographer's work, and he went after the illustrator and won damages.
If you are truly concerned, shooting your own reference will always cover your ass.
If you take someone else's work to use as reference then there is a large gray area. If it is derivative enough, to the point that the author of the referenced work wouldn't recognize the piece, you have nothing to worry about. If it's too close, or traced, or filtered over, then they might have a case against you. For example, the famous blue/red/white Obama vector illustration was traced directly over a photographer's work, and he went after the illustrator and won damages.
If you are truly concerned, shooting your own reference will always cover your ass.