Fair Use?
 

Hey,

So I did a design for a t-shirt based on the amazing photos by Christian Spencer and I was wondering if its considered derivative art?

I don't understand the legal mumbo jumbo too well. I used his photo as a reference.

If anyone has any insight into this it would be appreciated.

Cheers

I mean, sure, you gave it rainbow wings, which is transformative, but it's still in the same pose. Christian Spencer might sue you. If he does, I doubt he'd have much of a case. You could always just run it by him, get his permission. That's usually the best course of action

Without seeing the images you used as a reference there is no way to judge whether or your design is infringement or not. A good rule of thumb: if you didn't create it or receive permission to use it - leave it alone.

We can speculate, but that makes as much sense as eating soup with a fork.

I am not an attorney, nor do I portray one on the Silver Screen, Boob Tube, or the Internet. For answers to legal questions, consult a licensed attorney. Seriously.