Bongo
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Well, you cannot use the smiley face because it's copyrighted and owned by the Smiley Company, which has 40 employees and brings in over 500 million dollars per year (every year).
You can however, use the rest of the image which has been denied copyright protection.
www.theguardian.com
You can however, use the rest of the image which has been denied copyright protection.

An old master? No, it’s an image AI just knocked up … and it can’t be copyrighted
US ruling on works created through artificial intelligence gives boost to creative workers fighting for livelihoods
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