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Providing art direction for directly re-creating a particular cover design is certainly not ethical, and fails the ``smell'' test of, ``Would a person believe this work was created w/o access to and knowledge of that work.'' --- moreover, in a court case, such a set of instructions would be a ``smoking gun''.
That said, people who're using stock photography for their cover design shouldn't be surprised when other people use the same photograph for similar works and arrive at a similar design solution (without such instructions).
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