Dunno. Your not useing it for commercial purposes, but I guess you are publishing it. Looking at the details link, the photogropher seems more worried that the Zoo might sue you. Seems unlikley they will play Oolite and think "Wait a moment, I'd know that lizard's head anywhere!", but you could just ask them. Or use an image of a lizard from the wild!
OXPS : The Assassins Guild, Asteroid Storm, The Bank of the Black Monks, Random Hits, The Galactic Almanac, Renegade Pirates can be downloaded from the Elite Wiki here.
I did indeed - and also that he gets several emails a day and might not respond (plus I figure he's probably in the States, so he might not even be up yet). And while I've got time to do things like this today, I might not have any during the week.
Also, I've searched around for public-domain lizard images, and there don't seem to be many (and they're nowhere near as good). And there aren't any lizards near here as far as I know!
I guess I'll have to email the guy - which means I probably won't be able to do the ad for a while.
The thing is, you are asking us a question about copyright, and it isnt really safe for anyone to give an opinion (the law being as it is, it is not ok to give advice unless you are certain).
My interpretation of what he wrote is that he is not really bothered who uses the image, but that it may be covered by protection from the zoo (and a "rights holder"). My guess is that a portion of an image which may be protected is unlikely to be noticed, and I would not be sure that the zoo would seriously try to take a member of the public to court, especially overseas, over something they are giving away, for free. to a smallish group of users. But as I am not a lawyer, I am unable to give anything resembling advice, and my view might well be wrong.
Point taken. I guess I was hoping that someone with experience of using these kinds of images could have said "You're being overcautious" or "Actually, this is an odd situation - I would steer clear". On balance, I think I'll just leave it.
This is the safest way, but I think it is not such a big effort to send the author/owner an email, asking for the permission to use it. I've done it for my Oxp and the owner gave me the permission. He even has sent me a new and better looking version that was not in the public area.
OK, OK - I've emailed him But it's not his permission I need (he makes it clear that he's happy for his photos to be used for any purpose) - it's the zoo's. So, I've asked him which zoo it was - and I'll see if it gets me anywhere.