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They're really encouraging. =]
but I do think you really ought to have permission from the photographer before using his photo. Because a photo is still a stand alone piece of art and belongs to the person who took it.
There is however a special category here on dA for stock pictures, which are pictures that people upload usually just for other people to use, edit, and make new pictures out of.
You should try looking for them in dA's categories under
resources:
stock images:
Different stock artists also provide stock with different rules about it's use too, so even if a pic is in the stock category, you should still check their comments and journal to see what rules they might have about using their photos.
Still kinda new, so I'm not really familiar with some stuff yet.
But I'll go check things out pm the photographer. n__n