In all fairness, people thought it was a generic player pose until I pointed out it was Monahan... so...
But honestly, I haven't been able to find a solid answer on this one way or the other. In the past me and companies I've worked with have used source images to build imagery and no one actually brought up this concept once. Not saying we've always been doing the right thing, but it is frequently done. Maybe it's frequently done because it's perfectly fine?
I don't know!