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are they copywritten?

Zuni's said it before. The avatars, along with the emoticons, are (c) him (or the Fusetalk company, I'm not sure which). Some of the avatars were created by other people, but they gave him the rights to said avatars, IIRC.

Anyway, you could always make your own version, that looks almost like this one, but is original with you (no taking his version and changing a few pixels) but looks similar. 🙂
 
If you speak to Zuni, and ask his permission, and also credit Fusetalk in your site, i think you might be able to use them...
 
Mechbgon created a bunch of the avatars, and gave the rights over to Fusetalk.
 
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