The best advice would be to contact the creator and ask for permission.
Otherwise, you're better off finding an image from a stock photo site.
It's highly possible that the creator will never know, but it's not good to
take chances, especially if you plan to profit from it.
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its good to ask for permission, but there's also nothing wrong with using references and taking ideas as long you change it into your own style that people can distinguish the differences.
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