Head-swapped photographs and copyright: a new Zealand perspective

Ekaratne, C. (2017) Head-swapped photographs and copyright: a new Zealand perspective. Canterbury Law Review, 23. pp. 39-63. ISSN 0112-0581

Abstract/Summary

With increasing advances in photo-manipulation technology, the digital alteration of personal photographs is becoming more frequent. One type of altered photograph is the "head-swapped photograph" featuring one person's head and a different person's body as a result of combining portions of two photos. This article examines to what extent New Zealand copyright law can protect against the unauthorised creation and dissemination of head-swapped photographs. While New Zealand copyright law provides many advantages in this regard, it also presents some challenges. The article identifies and evaluates some of these challenges, using an example scenario of a real-life head-swapping incident in New Zealand. The article goes on to posit a suggested approach specifically applicable to the infringement analysis of a head-swapped photograph and applies this approach to several scenarios. While this suggested approach is with reference to New Zealand law, it may also be helpful in other jurisdictions with similar copyright regimes.