Photographer wins copyright on famous Che Guevara image

Alberto Diaz Gutierrez took the photograph of Che Guevera in 1960.

LONDON (AP) -- Social justice, si. Vodka advertisements, no.

The Cuban photographer who snapped a famous picture of Che Guevara has won copyright protection for the image from a British court as part of a financial settlement with companies that had used it in an ad for Smirnoff vodka, his lawyers said Friday.

Taken in 1960, the photo of Guevara -- with long curly hair, a tilted beret and a dark, intense gaze -- became a revolutionary icon. One of the world's most widely reproduced images, it appeared on countless T-shirts and posters.

Throughout the years, photographer Alberto Diaz Gutierrez, who goes by the professional name Alberto Korda, never made any money from the use of his famous picture. His motives in bringing the lawsuit were not financial, he said.

"As a supporter of the ideals for which Che Guevara died, I am not averse to its reproduction by those who wish to propagate his memory and the cause of social justice throughout the world," he said. "But I am categorically against the exploitation of Che's image for the promotion of products such as alcohol, or for any purpose that denigrates the reputation of Che."

The 72-year-old Diaz Gutierrez spoke to reporters at a London exhibition of Cuban photography. He and supporters stood in front of a print of the famous picture to toast their legal victory -- with Cuban rum.

The lawsuit was filed in August by the London-based Cuba Solidarity Campaign on Diaz Gutierrez's behalf against the photo agency Rex Features Ltd. and the advertising agency Lowe Lintas Ltd.

The amount of the settlement, approved by the High Court on Thursday, was not disclosed. Lawyer Simon Goldberg said the ruling's real significance lay in the fact that the court had asserted Diaz Gutierrez's copyright.

"The declaration of copyright which the court affirmed will send a clear message to those who reproduce photographic images which they wrongly consider to be in the public domain without the copyright owner's consent," he said.

Rex Features and Lowe Lintas had no comment other than a joint statement, signed by all the parties, saying the claim had been "sensibly and amicably resolved."

When the suit was filed, Lowe Lintas, then known as Lowe Howard-Spink, said it had acquired use of the Guevara image through Rex Features in good faith, and denied infringement of any copyright.

Diaz Gutierrez, who lives in Havana, had complained that the ad, for a spicy vodka, trivialized the historic importance of his photograph. The image was superimposed on a hammer and sickle motif, with a chili pepper used to depict the sickle.

The photo of a steely-eyed Che, whose real name was Ernesto Guevara, was taken March 5, 1960, at a memorial service for more than 100 crew members of a Belgian arms cargo ship killed in an attack Cuba blamed on counterrevolutionary forces aided by the United States.

The Argentine-born Guevara was a key figure in Cuba's 1959 revolution, alongside Fidel Castro. When he was killed by the Bolivian army in October 1967, he was hailed a martyr of the revolution.

Diaz Gutierrez said he would donate the settlement and any other proceeds from the photograph to children's medical care in Cuba.

Copyright 2000 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Alberto Korda
Cuba Solidarity Campaign, Great Britain
Rex Features, Ltd
Lowe Lintas Advertising Agency

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