Well, a photo is a copyrighted piece of someone else's work-which is called art. Byrne or whoever can copy another artists work as an homage if they put "after Kirby" or some such which establishes that the pose and layout was copied as an homage of a great piece of work.
By all accounts Land, Liefeld, Lee or whoever should put "after ansel adams" or whoever if they copy a photo for reference. It's not such a big deal with guns, appliances, cars, or furniture which are pretty generic visually. But basing your work on photos or video of rebecca romjin or any other model is copyright infringement if the artist wanted to pursue it.
If you reference that you "copied" the image and give credit it's fine I believe.
