What a GREAT question, and one I don't think enough of us ask... Yup, you need the photographer's permission.....
I think there's a form online someplace....... Maybe somebody else can help us out?
Unless whatever you're submitting (including quotes, song lyrics, elements, etc) is public domain, you need to get permission (in writing) to use it; the alternative is to potentially be liable to the owner of the art... I've been working to try to get permission to use some images I took (with my own camera) on public property at a University, and even though I did the art (photography), and the location was public (taxpayer supported, too!) property, there are some pretty tight restrictions on what I can (can't) use. I wish I'd asked the questions first, before spending all that time and creative energy on the art.
OY! It's so frustrating in these kinds of situations, but then if we turn it around and think about it from the artist's perspective, it makes more sense.... I think I'd be upset if somebody were using something I worked hard to create without my knowledge.
Okay, I'm coming down off the soap box.... Talk me down, man; talk me down.......... LOL! I hope that didn't come across as preachy as I feel like it did......!