Need help with clan emblem / copywrite

[RedCapJack]

So, me and a friend decided that we want to make our clan bigger and improve it. So we thought it would be cool to have a emblem. I'm pretty decent with photoshop, so i managed slap together some designs, but in the end, we decided on this one: 

Now the only issue was that that excalibur wasn't made by me or my friend, but a guy from china who's called "jiayibingding" on deviantart. We decided to contact him, but we could only do it through deviantart and he hasn't been active for 150 weeks so we probably won't get a reply anytime soon. Does anyone happen to know if we can use this picture? Also, are we allowed to use images from warframe (such as the lotus symbol and potatoes) in our emblems?

Or if anyone has some alternative solutions, i'm more than happy to hear them.

Edited April 17, 2017 by RedCapJack
wanted to add a sentence

[Elannor]

You are allowed to used warframe images.

The problem you're not considering is that this will look really bad shrinked to 145x145. Details will be blurry or barely visible. 

Try that first. When you upload emblem to the website it lets you preview it before paying plat.

Now, regarding the copyright, I dont know. If the used said he agrees to any use under the image or his profile description, then its ok.

[Yzjdriel]

For the time being I would wait to hear from them, if only because it isn't worth the plat to change the Clan Emblem again if he or she ends up saying no.

[CeePee]

I would say you still need the original authors permission, the work isn't transformative enough

[Outline.Jack]

There are no prohibitive trademarks on the author's page. The image is available in high resolution. So you can try ... The clan emblem is not a commercial use.

But at 128x128 size looks... small :)


 

[Azure.Fang]

1 hour ago, Tory_Asher said:

There are no prohibitive trademarks on the author's page. The image is available in high resolution. So you can try ... The clan emblem is not a commercial use.

But at 128x128 size looks... small :)


 

But there are prohibitive terms in DeviantArt's ToS. Either wait for contact from the artist, or find another base image. DA can and will pursue action in the event of use of an absent artist's work, since technically THEY own reproduction rights second to the original artist.

Edited May 15, 2017 by Azure.Fang

[Outline.Jack]

4 hours ago, Azure.Fang said:

But there are prohibitive terms in DeviantArt's ToS. Either wait for contact from the artist, or find another base image. DA can and will pursue action in the event of use of an absent artist's work, since technically THEY own reproduction rights second to the original artist.

Man, this image is everywhere. I can find it at youtube, wiki, fan-forums etc. IF author wnats to protect own art - put a watermark (DA has it, even at free account). If image is alredy used tonns of ppl - what we talking about so?
I have too arts that i upload without any protection - and its stupid to cry that i saw it in use. But i have protected arts - that is an another story.