Was thinking of adding an avatar (random image I like off a search) and got to wondering this.
I think it’s fine if you’re not claiming it is yours. And most people assume that any generic/immediately recognizable avatar is just an image off the internet that the user just likes.
Though there’s maybe a weird grey area where if you use artwork from someone that isn’t like… a super established artist (hard line to draw) it’s kind of iffy. I wouldn’t feel right using someone’s drawing off Instagram. But plenty of people use anime avatars from manga etc. and I don’t see an issue.
Not the most important topic in the world but I thought it was fun to think about.
If it’s owned by a corporation, then fair use and/or non-commercial use may come into play, depending on local legislation. Basically, use it until you get told to stop. It’s effectively free advertising until they take exception to you.
For a smaller creator, they’re usually more receptive (and responsive) than a corporation, so consider asking permission.
You could go full Weird Al and ask permission of a corporation if you’re that way out. But they’re more likely to not respond or say no if they have no idea who you are.
Of course, a thing to watch out for is the unlikely occurrence of becoming famous while using that avatar. It can’t be your brand because it’s someone else’s.
So, you might consider pulling a Ray Parker Jr. and (commission someone to) make something that’s almost but not entirely unlike the artwork you’re trying to use. That said, RPJ did get sued anyway. Maybe take it a couple more notches off similarity.
… oh and try to avoid using AI to clone something.