Using references could fall under a derivative work. Technically, in this case, it would count as a derivative work because you are using an existing form of art to create a new piece of art. Getting the 'offended' party to prove this is another thing entirely, though, depending how closely you referenced the original piece.
As much as it is a nice thing to do never admit to referencing off of other pictures than the ones you own the copyright to. Especially if you are making money off of it. The law and the general artist culture expects that art comes out of the artist from a void, wholly formed, even though in practice this is very much not the case.
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timeasmymeasure
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Date: 2012-05-02 12:20 am (UTC)As much as it is a nice thing to do never admit to referencing off of other pictures than the ones you own the copyright to. Especially if you are making money off of it. The law and the general artist culture expects that art comes out of the artist from a void, wholly formed, even though in practice this is very much not the case.