Sun Dec 03, 2006 5:48 pm
I'd say you have probably misappropriated the original in this case as far as copyright law is concerned. Although a derivative work it would appear the original copyright would preclude the inclusion of the original element without permission in this case. Unless you can see some manner in which this can be considered fair use (murky and varies by country). I can't but I am not a legal authority either.
Personally I don't have an issue with your use if limited to learning and development of technique for personal use. In some cases this MIGHT even be "fair use". Beyond that probably not advisable.