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Originally Posted by Headless
How can it not be considered art?
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It doesn't matter if what you produced is art (btw, anything that you create on canvas, whether it be a simple . dot is art), the fact is you reproduced part of a copyrighted image, which is not allowed.
Take for example music sampling - the risqué music sampler will sample music still under copyright, but it's very hard in sampled music to say the sampler used original music and just changed it in some way or whether they remade the sounds from the original work and resampled it (thereby getting around copyright, since they reproduced original work by them selves and then changed it by themselves, wherby the new sound is ALL their own work)
Nomatter how you photoshop an image, it is still the original image you took in the first place, and for that you have absolutely zero rights. Nomatter what you created was a new entity.
Let's say I own the domain goole.com and take the actual gif of google.com, yet remove the second 'g'. This is slightly a grey area, since I can easily reproduce goole.com using google.com font and colours and it would be my own work, but had I taken their original gif, and google could prove it I'd be way up shit creek long before the lawsuits for trying to rip off their trademark...