I agree with Nowie. There are enough differences between the drawing and the photo that I don't think you can call it "swiping."
BTW: "swiping," as the term was originally used in the G(olden) A(ge), was not the copying of photos or reference material but of actually copying other artists' drawings.
There's a good discussion of it in Jules Pfeiffers' "the Great Comic Book Heroes," where he discusses how, in the day, some artists were so blatant about it that a character would look different from panel to panel, sometimes looking like a Kirby character, sometimes an Alex Raymond character, sometimes a Milton Caniff character, etc.
