Advice needed for pose(c)/Trademark?

[cyiakanami.livejournal.com]

So I wanted to start off saying, I've seen some comments vary across the internet on pose copyright/trademark and usage and it seems a lot of people are confused about someone's rights ect. I am sort of in that latter. 

I went searching AB and google and couldn't find any good citations of legal standing on if poses and "image concepts" are legally bound as are say trademarked characters or artists legal rights to their art and came up dry on both. 
Long story short, I had a commissioner today note me on FA stating someone noticed the pose reference picture that we used on one of their commissions from me. Which would be fine by all means, except this person went on to state I was ripping their friend's art off and it was illegal to use their friends picture as a pose reference and concept for their commission and was pointing out that they would be infuriated if someone did that to them. (Commissioner feigned not knowing about anything on the reference for fear of a drama storm, which is fine by me. I also didn't reply to this person because I wanted to be 110% sure in what I tell them is backed up law and not also start unnecessary drama.) I've also added a link back to the original image we used for the commission pose reference in my fa gallery.

In short, my questions would be, is it ok to reference other artist's art for pose reference whether in personal art or commissioned art if the commissioner requests it? Should we link back to the picture(s) we referenced just the pose from? Are poses and or "concepts of the image" legal to use as reference or do we need to ask the artists permission first?

(Clarification of "concept of image" I'm speaking of would be, a person skate boarding, an android women kissing someone, two characters in a staring look, ect as a few examples off the top of my head right now.)

Thanks for your time.

*EDIT* I wanted to point out, that I think everyone has been looking at the wrong submission. I have an idea of which one you are looking at and have credited back to the original reference. And will be doing so from now on. I appreciate all the feed back and honestly had no idea had to reference back to what pictures I was using for poses. I shall do this from now on. I'll also be adding in my tos about commissioners and referencing poses ect. The submission I am talking about was done middle I think of last year so you would have to do some digging to find that one. And I've already referenced back to that pose on it. 
I would rather not post a link to the image in question in public for fear of naming my commissioner without their permission. If anyone would like to see the two images, please message me privately and I can link to them for you. Thanks again for your help!

Comments

[neolucky.livejournal.com]

I'll leave most of the educational comments to the other users, however! Here is some reading for you, both from AB:

http://artists-beware.livejournal.com/225557.html#comments

http://artists-beware.livejournal.com/530639.html

Can I see your art vs your references? I have a feeling perhaps you are confusing copying/tracing for referencing, and perhaps that could be where the core of your issues lay. I would like to compare and see how close of a 'reference' we're talking about, before I give any advice.

You cannot copyright a pose, or a concept, but if theres any tracing/copying to be had, then there will be a whole host of issues.

[neolucky.livejournal.com]

I am also confused - OP, you say in the image in question that the customer requested this pose/copy. And then when faced with the fact he asked for it, you say he feigned knowing about it?...I'm sorry, but that sounds like perhaps the customer feels guilty for asking.

In all reality, it's best NOT to copy images given to you by a customer, especially when being paid for an original image. What you did was not use the same "concept", you copied the base pose and expression down to the placement of limbs and general look. Referencing would have meant something vastly different.

The comment on your image is indeed correct, permission probably should have been asked for in this case, since you copied it for profit. Legal or not, this isn't ethically okay, or good business practice.

[sbneko.livejournal.com]

It's possible it was an accident. It's happened to me before, since I get anxious over negativity, that I let slip something wrong/not my actually thoughts, and in that case insulting to some people, just to sort of agree and get the person off my back. It was wrong, but something my nerves made me do withought fully thinking.

But hard to tell really.

[cyiakanami.livejournal.com]

It is alright if I message you the two image links? For sake of annom for my commissioner I don't want to post it and people identify the names ect.

[neolucky.livejournal.com]

Sure thing!