stain glass, copyright, ethics....

[artist]

I need everyone's opinion on a matter I am dealing with.
I take photos and then rework them into kaleidoscope designs.
I have a new series that is created from stain glass windows photos that I took, and then reworked parts of them(they look very little like the original stain glass) into Rose Window Designs. They have been hugely popular.
The problem lies with one Stain Glass Artist who does not want me to use his work to make a new art piece. In my mind I am helping him promote his artwork, I mean only a few people see the work in the church, and this way a lot of people can see his work. I am not opposed to giving him a byline. And I have had other stain glass artists actually ask me to do their windows.
He has sent me a cease and desist letter, and said I need to ask permission for a one time use for the piece I have done (I have called twice and emailed once and he won't return my calls or email, I am not sure how I am supposed to get permission when he won't respond to my communications.)
I consulted an attorney who looked it all up and said he doesn't have a leg to stand on, because I took the work and radically changed it and it wouldn't hold up in court. He also said that I am not taking away from his livlihood (if anything I am promoting his work).
But.....a friend of mine said that she wouldn't want me taking pictures of her paintings and turn them into something else and call them mine own. She said it would be unethical. But am I calling them my own if I am giving the stain glass artist recognition?
I was all prepared to do battle for what has been a popular series, but with what my friend said I had to step back and take pause on that. Is it unethical?
Should I fight for my work or should I let it go on his piece or pieces (he won't call me back so I have no idea which one(s) are even his.
I would dearly love to hear other stain glass artists opinions on this. I have a decision to make. I am not out to hurt anyone or profit if it is unethical. But I am proud of my work too, and I love stain glass and would love to help promote it.
Please tell me what you as stain glass artists feel about this....

[Tod]

Specifically, I think you should figure out which work is by the offended artist and pull it from your line.

Next, I think you should approach other stained glass artists and get their permission before incorporating their work into your product.

It may seem somewhat marginal or trivial to you and your lawyer, but there are ethical issues raised here and I believe you're too close to the edge.

You don't make it clear here how much of an original stained glass window is viewable in your kaleidoscopes, or how identifiable it is, but your lawyer's opinion is only that, an opinion. The copyright laws are there to protect creators of original artist work.

- Tod B.

PS: I'm not voting because there is an air of deception around this post which leads me to wonder if you're really just fishing (or phising) for colaborators in a dubious manner rather than just asking outright.

[John]

You're placing yourself in the position of musical remix artists who "sample" other people's songs and use bits and pieces to make their own works.  By doing so without permission, you are in a legal grey area.  Some get away with it, some get sued.

As a practical matter, you will do better if you ask permission ahead of time.  Specifically, you will find yourself making friends with stained glass artists instead of alienating them and risking bad scenes involving lawyers and cease and desist orders.

You've already said that other stained glass artists ask you to do their windows, so I think that you know what the right direction is.