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Author Topic: Famous Che Guevara Picture (still copyrighted?)  (Read 7435 times)

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« on: March 27, 2009, 12:20 »
0
I wanna upload a composing that show el che on a grunge wall, is that thing allowed or is this a korda copyright infringement? thx in advance!


« Reply #1 on: March 27, 2009, 13:41 »
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I'm not sure about the Che picture, becaurse I have no idea about who painted it, and when.  The general copyright for a piece of artwork would proporly be summeraized like this:

Copyright law covers any work of art for the lifetime of it's creator, and extends 70 years after their death.

So based upon this, my assumption would be that El Che's famous portrait is still copyright protected  :)

/Flemming

« Reply #2 on: March 27, 2009, 17:53 »
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fljac,

So you have never heard of Alberto Korda?
http://en.wikipedia.org/wiki/Alberto_Korda

He was Fidel Castro's personal photographer for years, following El Comandante everywhere.  There are some very candid shots of Fidel in Moscow, playing with snow.

Anyway, as Cuba has not signed the Berne Convention, which regulates worldwide rights to intellectual property, it seems Korda would not have copyrights over this photo.  Later however, he was able to stop Smirnoff to use it in a vodka advertisement, so I understand that the UK law acknowledged him as the copyright owner.

Korda gave the photo to an Italian publisher, Feltrinelli, who then publish it and it became so iconic.  Given this situation, I suppose the rights belong to this Italian.  Neither of them have been dead for 70 years, but it is obvious that the image has been used over and over possibly without any copyright fees to Korda and Feltrinelli. 

Apparently Korda was ok to see the image used to disseminate the Cuban Revolution ideals.  However, in respect of him, I would not sell anything using this image.


« Reply #3 on: March 27, 2009, 18:03 »
0
I'm not sure about the Che picture, becaurse I have no idea about who painted it, and when.  The general copyright for a piece of artwork would proporly be summeraized like this:

Copyright law covers any work of art for the lifetime of it's creator, and extends 70 years after their death.

So based upon this, my assumption would be that El Che's famous portrait is still copyright protected  :)

/Flemming

thank you both, after i saw fidel wearing nike. i really have to think hard wether i upload it or not, but you are right, in respect of this brilliant man i wont upload it :)

« Reply #4 on: March 27, 2009, 19:24 »
0
fljac,

So you have never heard of Alberto Korda?
http://en.wikipedia.org/wiki/Alberto_Korda

He was Fidel Castro's personal photographer for years, following El Comandante everywhere.  There are some very candid shots of Fidel in Moscow, playing with snow.

Anyway, as Cuba has not signed the Berne Convention, which regulates worldwide rights to intellectual property, it seems Korda would not have copyrights over this photo.  Later however, he was able to stop Smirnoff to use it in a vodka advertisement, so I understand that the UK law acknowledged him as the copyright owner.

Korda gave the photo to an Italian publisher, Feltrinelli, who then publish it and it became so iconic.  Given this situation, I suppose the rights belong to this Italian.  Neither of them have been dead for 70 years, but it is obvious that the image has been used over and over possibly without any copyright fees to Korda and Feltrinelli. 

Apparently Korda was ok to see the image used to disseminate the Cuban Revolution ideals.  However, in respect of him, I would not sell anything using this image.




HI Madelaide,

Thank you for the brilliant resume..  I will have to read up on the history related to this subject...  I regret that I have only too little knowledge about Cuba and the revolution... Aparently, it seems that this could be a difficult issue about copyright.. And a very interesting one, if such case should ever be procecuted.....

Interesting stuff, Thanks
/Flemming

 

« Reply #5 on: March 27, 2009, 19:32 »
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Pardon my cynicism, but would not Che be rolling in his grave to see his face plastered all over t-shirts, banners, movies, signs and books that contribute to a capitalist market?

The man spent and gave his life fighting capitalism, it just seems a shame that as an icon his message is completely ignored.


« Reply #6 on: March 27, 2009, 19:44 »
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fljac,

Although I have no talent for photojournalism, I am an admirer of this type of work.  Therefore, I'm always reading about such great names that are sometimes not well known.  Henri Cartier-Bresson is so famous, but I see a lot of people don't know Robert Capa, although his photos are so well known.  Philippe Halsman is also a great name that I only knew recently, although I had know his photos from long ago.

But speaking of artists using other artists' works, did Andy Warhol request authorization to use Einstein's sticking tongue photo or Marylin's photo?  I never see the photo authors credited.  

Regards,
Adelaide

« Reply #7 on: March 27, 2009, 19:52 »
0
Pardon my cynicism, but would not Che be rolling in his grave to see his face plastered all over t-shirts, banners, movies, signs and books that contribute to a capitalist market?

It's an interesting point. I think that link in Wikipedia said that Korda eas not upset that Feltrinelli made money out of that image, because he was spreading the ideals of Che with those posters. 

I remember back in the time I was at university and we were still under military government, although milder than in the 70s, and any politically engaged student had to have a Che t-shirt.  Given the quality of the t-shirts, I believe they were produced very cheaply and the sales earnings were converted in propaganda material.

I believe it would be acceptable to make profit if your product is aimed at such market (people who support Che's ideals), but it would not be acceptable to have some artist make a high-priced canvas based on this image to be sold for a few thousand dollars to some yuppie.  THAT would make Che roll in his grave for sure.  :)

Regards,
Adelaide

« Reply #8 on: March 27, 2009, 20:18 »
0

I remember back in the time I was at university and we were still under military government, although milder than in the 70s, and any politically engaged student had to have a Che t-shirt.  Given the quality of the t-shirts, I believe they were produced very cheaply and the sales earnings were converted in propaganda material.

I believe it would be acceptable to make profit if your product is aimed at such market (people who support Che's ideals), but it would not be acceptable to have some artist make a high-priced canvas based on this image to be sold for a few thousand dollars to some yuppie.  THAT would make Che roll in his grave for sure.  :)


Adelaide,
It's interesting to hear about your time in college, what a different place that must have been from the college that I went to. 

Here in the states Che-wear has become a fashion statement.  You can find t-shirts, hats, coffee mugs, stickers etc. etc. in corner shops, book stores and at four or five stores in every mall across the country.  A lot of young kids (future yuppies) wear this stuff bought at some off-set store of some mega-corp and have no idea what the man stood for, they just know it's popular.  The biography of Che was a best seller and I haven't been able to find if any of the proceeds were donated nor with the film about his life.  Boat-loads of money have been made on the back of a revolutionary and IMO all with a purpose entirely opposite to Che's beliefs.

But hey, that's what we do here  :-\

« Reply #9 on: March 27, 2009, 20:29 »
0
Davey,

Once you become part of history, you lose control of your image.  I wonder if the hindu people, except for those who worked in the movie, ever got anything from "Gandhi"?

I haven't seen the new movie with Benicio del Toro, but if you have the opportunity to watch "The motorcycle diaries", it is a great film showing Che's early years, and how and why his ideals of a more equalitarian society were formed.  One may question the ways he took to fight oppresion and exploitation, but I believe in the sincerity of his goals.

Regards,
Adelaide


 

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