I found the perfect picture for my cover online and I MUST use it! The problem is I can’t find any information on who took the photo. Can I hire a photographer to re-create the photo?”
-Name not published
No. Recreating a scene from another photographer’s photo, taking that photo, and using it for profit is still copyright infringement. You will either need to find the person who owns the rights to that photo so you can obtain written permission to use it, or you will need to use a different photo. Copying someone’s work, whether in writing or in another medium, is still copyright infringement, and can lead to a lawsuit.