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This is really a legal question and if there's any doubts in your mind you should consult a lawyer (it may not be a bad idea to do so even if there are no doubts in your mind, as you might be wrong).

The magazine almost certainly holds copyright to the photo, even if they don't to the original artwork, so you should at the very least ask them for written permission first.

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Q: Can you use a photo from a magazine your art is in for your website portfolio?
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