From Marion Boddy-Evans,
Your Guide to Painting.
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A. The belief that changing 10 percent of an image means you've created a new one is a myth (as is changing 20 percent or 30 percent). The fair use guideline is that you can use 10 percent of something.

It's certainly not a legal test, but as a rule of thumb consider whether, if your painting were put next to the painting or photo you're copying, would someone say you'd based it on the original? If so, you're risking copyright infringement. Don't fool yourself with this 10 percent change myth.

Go to Full Artist's Copyright FAQ.

Disclaimer: The information given here is based on US copyright law and is given for guidance only; you're advised to consult a copyright lawyer on copyright issues.