Yeah, there's a difference between copying the product exactly and copying the details.
If a piece basically stands as 3D model of the source material, I see no reason not to use that as reference, it'd only stand as a model for the creature's design, it would still be 2 totally unique products in the end, one a statue, the other a poseable figure.
If a piece basically stands as 3D model of the source material, I see no reason not to use that as reference, it'd only stand as a model for the creature's design, it would still be 2 totally unique products in the end, one a statue, the other a poseable figure.