Actually, those two images are quite different.
Just because the both show soldiers standing holding guns doesn't make them copy-cats.
The Call of Duty soldier is holding an M16, while the Bad Company soldier is holding an M416. And, the soldiers themselves look very different. I like how Bad Company tends to make their soldiers look a bit more masculine than Call of Duty's.
There is also and obvious difference in environment, and a huge difference in art style.
I personally think that these two pictures are very different, the only thing they have in common is that there is a soldier up front holding an assault rifle in his right hand.