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.