Of course not, Atari is the owner.
But why the scruples now? After extracting and using NWN, Diablo and BIS assets.
Just because many mods infringe copyright laws doesn't mean I have to, even if it's not for profit. I'm always going to be on the safe side; at the very minimum I would cite the sources the animations come from and/or modify those animations. We have yet to see a mass-distributed
IE mod that contains material from other companies' games. I don't count
IA's NWN animations as one because it's mostly directed at the modders rather than the masses and hasn't received much scrutiny yet.
NWN is a different story; it was produced by the same company as the
IE games.
-I'm pretty sure that from TOEE : with a good IE speel viewer (especially to see, test our own creations spell) and with a good TOEE spells editor (V2Brute adapted) we can do wonderful things ... 
Unfortunately, I don't have the game or the time to tinker with extracting those animations. If someone is willing to do it, I am open to using it (and giving them credit where it's due).
FYI :
http://forums.blackw...?showtopic=4931
That thread is waiting for an update.

-Galactygon