Using Someone's Design

[Usagi]

Hidy-ho everyone.

I have silicone tail supplies on my Christmas list. I'm really hoping to get some of them.
I knew the theme and colors that I wanted for my tail...but I just could not draw a nice-looking fluke. So I took to google.
I did an image search of what I was looking for and found a picture with the *PERFECT* fluke shape. Seriously, I fell in love.
I've drawn up the tail and colored it and added my own designs to it.
But here's the thing...the image I found was from a print that someone is selling on etsy. I sent her a message asking permission to use the fluke shape she designed. It's really just the shape. She didn't have and ridges or any special coloring or anything on the fluke. The whole tail was all one solid color.

If I never get a response, and I do get the tail making supplies...do you think it would be okay to use the fluke shape?
If so, should I credit her? I know art theft and all that is a big deal...I wanted to see what you guys thought. I really want that fluke. :cry:

[Mer-Crazy]

I think 'art theft' is more if you took her image and started selling prints of it yourself. Since you would be making the tail yourself I don't think you'll have any issues legal wise :) though it's very nice you asked permission, there's nothing wrong with taking inspiration from something and putting your own twist on it, just think of it this way; how many splash/ ariel/ aquamarine tails are out there? Some exact duplicates almost. I think you'll be just fine using the fluke shape :)

[Anahita]

I think if it's just the shape, and you're just making the tail for personal use, it should be fine. I would say any chance you do get to credit her design for inspiration, I would definitely do it, just because it's the polite thing to do, but I would also try and do a more unique spin on the fluke as well. Ridges are a good idea, and the fact that you are coloring it differently is also good, if there's anything else a little different you can do to tweak it, all the better. But I totally get that "It's the perfect fluke!" feeling.

Things that I would say would be crossing the line:
- She does respond to you and tells you "no" or that she'd "rather you didn't" or something to that effect and you going ahead anyways
- Copying the tail exactly. I know there's a lot of splash and h20 tails and other "remake" and "recast" tails and stuff. But I think there is a line when it's a single person who made a design versus a rip-off of a pop-culture icon tail
- Mass-producing it for your own profit. Personal use is one thing, but if you make others and sell them to others, that's a bit mean, since it was originally her idea. You know?

I don't think you would do any of that, but there may be other mers who maybe have similar situations and are also wondering. So I figured I'd try and flesh out what I've seen come out as acceptable and unacceptable....

[Mermaid Wesley]

I agree. If they don't get back to you I would say go for it. I got my fluke design from a modified stock image, so I'm not about to yell at you for not being 100% original lol


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[QueenZero]

I think if it's a personal tail you should be fine. It is very polite of you to ask, though.