Oh it definitely matters, I don't want her to get in trouble. All I'm using is his face, but if I can't change it drastically enough, I'll let her know to only use it for the free bookmarks and not the cover. She certainly doesn't need a lawsuit. Thank you for pointing it out before I made a big mistake.
I see in your image that you used just his face too and the rest is all different. Mine will be like that too. He will be wearing different clothes, I'm thinking of changing his hair completely, and the rest of the scene and the other 2 characters will be completely different from anything that's in this reference image, so I'll see what I can find out after it's all done.