If it's being drawn from a photo reference, then yes. That happened with the first version of the cover for DISAVOWED. Tim Bradstreet used a photo reference of Alexander Siddig for which proper permissions hadn't been secured. (Everyone involved thought someone else had done it; no one had.) When the error was realized, the team at S&S spent months trying to secure permission for the use of that particular likeness, but the copyright owner refused to grant a license, regardless of the terms offered. In the end, it became necessary to secure a different photo reference, one for which permissions were verified, and have Tim draft new key art from that.
Y'know, here's a question I've always wanted to ask. Who's the model for Mackenzie Calhoun? And what about Jasminder Choudhury on the German cover of Losing the Peace? Or any of the non-canon-debuted characters on German New Frontier covers?
That brings up something I've been wondering about. Have the photos used for Bashir on the last few covers with him, been newer photos from his more current stuff where he has a beard, or did they simply add the beard to old DS9 era photos?
Attention UK Trek fans, BD have this for a pre-buy price of £4.57. They will fix this so grab it quick before they do! You pay at point of order and months later get a book you forgot you bought! http://www.bookdepository.com/Star-Trek-Seekers-3-Long-Shot-David-Mack/9781476753096
The more I think about this book, the more I wonder if the technology that Terrell and his crew find on this planet is the same technology that eventually appeared on DS9. --Sran