Q: What is the line between inspiration and derivative art work? Can I put a creative common licence in derivative work?
I am about to make a piece of art (wallpaper for computer) that everyone can download without payment on a site called DeviantArt. The original art is circle with Cyan, Magenta, Yellow dividing the circle into there equal (120 degree) parts with Key (black) circle as a pupil in the middle. This origin art has a eye shade and triangles around it as a background. The title CMeyeK suggest that the MAIN SUBJECT of this art is the way artist color the eye with CMYK color. This has inspired me to make similar image but the MAIN SUBJECT (eyeball) is changed with a Naruto themed Dojutsu (Sharinggan Eye). Also, I have remade everything. Clearly, this is not manipulating since I have changed the main subject and recreated everything else (triangle and eye shades). I think, the circle eye ball and triangle cannot be copyrighted. The eye shades and the organization of geometry worry me.Original artist is JTrilogy as mentioned in a wallpaper showcase website but fail to find contact info (orphan)
A:
There would be no way to tell from a description of the two works as to whether or not your derivative work is transformative into say a fair use defense, or even what elements are derivative. You could sit down with a copyright attorney, but even then, it ends up being more their opinion than fact.
As to doing a CC license, you can use that on any work you create. It just might not mater much of your work is mostly derivative.
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