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Nicola
Darth Vader's Sewing Instructor

You have to ask permission. Edit the original theme with what you want to put it in.. as long as you have permission. Crediting isn't enough, you should ask whoever created the original work. It's their property.

I personally cannot stand it when people recolour my stuff and say "oh but I credited you" as if that was okay. It isn't okay, because they never asked.
Fission
 
I wouldn't recommend releasing an edited version of another person's theme unless it was almost completely rewritten.
Almost? Try 100% rewritten, or not even using someone else's work as a base for a new one in the first place.

There is no reasonable excuse for not editing the default theme from scratch, therefore to be save, edit the default theme and ask to use any graphics before you do. If they say no, they say no. If they say yes, then you have the green light. If they don't respond, then assume it's a no.
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Themes Question · Coding & Modifications