I'm not a lawyer, but my understanding is this:
If you copy in any form the icon (i.e. screen capture or resource editing, or pixel by pixel copying), then it would be a derivative work and the original owner of the icon would be part owner..
If you make something similarly styled, but original (drawing inspiration), you should be OK.
Again, don't hold me to this, it's just what I understand to be...
-Justin
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