# Che Guevara copywrite



## supercybergeek (Mar 15, 2008)

does anyone know the copywrite issues for *Che* Guevara? I was told by my designer that a company owns his image in the USA can anyone shed some light on this?


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## SketchBox (Jan 4, 2008)

You cant own somebodies image, he was a person that lived in the public domain as a famous individual so I believe it would be fine. Your friend was probably talking about the picture of him you always see on shirts and stuff, I think if you just make a new one and you'll be fine.  But please do not base anything on me im just giving you my non legal opinion. Why dont you find out what company your friend was talking about and email them to find out.


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## Comin'OutSwingin (Oct 28, 2005)

Certain pictures of him are definitely not in the public domain. And certainly not the most famous one. It's actually owned by a cuban photographer with a British copyright on the image.

Which means that the copyright must be held up by the US because of the Berne Convention.

He gives permission for use in some instances.

Here's a little more about that particular pic:

CNN.com - Photographer wins copyright on famous Che Guevara image - September 16, 2000


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## marcelolopez (Jul 16, 2007)

SketchBox said:


> You cant own somebodies image, he was a person that lived in the public domain as a famous individual so I believe it would be fine. Your friend was probably talking about the picture of him you always see on shirts and stuff, I think if you just make a new one and you'll be fine.  But please do not base anything on me im just giving you my non legal opinion. Why dont you find out what company your friend was talking about and email them to find out.


You can make your own one if you can take a picture of him, with your own camera.
But I think it is not possible anymore .
The famous image of the Che that is well known around the world is copyrighted, I believe the author of the picture Alberto Korda, died and the rights were transferred to his daughter.
Still you can contact to the company that handles the licenses of the photo.
Most of the pictures you might find on Internet well.. were taken by some else, hence they are already owned .
But as always.. I MIGHT BE WRONG !! 

a link about the photographer


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## MotoskinGraphix (Apr 28, 2006)

Here ya go!


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## marcelolopez (Jul 16, 2007)

MotoskinGraphix said:


> Here ya go!


He he loved that one !!!
However it should say *los* stooges !!

oh got it .. *La* revolucion


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## SketchBox (Jan 4, 2008)

MotoskinGraphix said:


> Here ya go!


LOL, who the heck is that ?


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## joeshaul (Mar 1, 2008)

It looked like Doctor Fine of Doctor Howard, Doctor Fine, and Doctor Howard!


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## MotoskinGraphix (Apr 28, 2006)

that is a transfer from Art Brands. Just got the new cat. this week.


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## supercybergeek (Mar 15, 2008)

thanks for all your help guys


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## spudlauncher (Aug 9, 2007)

che guevara is not copywritten. However
THAT FAMOUS picture of him is indeed copywritten. The one we see alot of people
stealing from and using it on tshirts - thats infringement

If you were to draw a picture of him, then by all means you could do that.


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## mark1984 (Mar 17, 2008)

The famous image of him is copyrighted, though its fairly well known that you're allowed to use it freely without worry so long as it doesnt go near alchoholic drinks! so go for it


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## lancelot (Jun 1, 2007)

Please don't, does the world realy need another che Guevara shirt  I probably see at least 10 a day in some form on another. I don't mean to stifle your creativity, but if you do somthing original you may find a little more satisfaction , rather than regurgetating up a tierd old cliCHE image 

Of course this is my opinion only and you have every right tel tell me to go and F*#^k my self


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## gp1305 (Oct 17, 2007)

"cliCHE image" booooo  haha. that was bad. lol


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## supercybergeek (Mar 15, 2008)

lancelot said:


> Please don't, does the world realy need another che Guevara shirt  I probably see at least 10 a day in some form on another. I don't mean to stifle your creativity, but if you do somthing original you may find a little more satisfaction , rather than regurgetating up a tierd old cliCHE image
> 
> Of course this is my opinion only and you have every right tel tell me to go and F*#^k my self


No you feedback is welcomed. I know what you mean. I will make my a bit more original but doesn't alot of people wearing them mean people like them? Yeah I guess you can argue that its played out, but I hope mine will look good.


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## MotoskinGraphix (Apr 28, 2006)

A lot of people wearing them just means there are plenty of misguided people.


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## Duran (Jul 23, 2007)

so what is the final say on this?? Can you use that famous picture or not? Can you slightly change the famous one.. and then you would be ok?


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## corpseguy (Dec 3, 2007)

you can get around it by doing an.. Artistic impression.. ie.. like that Andy Warhol, i see stuff liek that all the time in cheap stores, canvas pop art of bands. actors, movie scenes etc etc


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## Duran (Jul 23, 2007)




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## Duran (Jul 23, 2007)

Let me ask.. because I want to know the deal .. what makes this legal? Ignoring Che Guevara any copyrighted image.. lets say Snoopy, Rambo, Mickey or even Guevara... how does changing the color on your dingbat make it legal?


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## MotoskinGraphix (Apr 28, 2006)

Those images have nothing to do with its legality. The owner of the pic has the the rights to that image and the right to go after you or not. This one is fairly open unlesss you use the image in an anti Che situation. It was used in an alcohol ad and the users were taken to court. There are several Che stock transfers available at Art Brands.


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## Duran (Jul 23, 2007)

Hey got a question.. what filter(s) do you use in Photoshop to make any pictures into white & black dingbat like this Che Guevara?

what are the steps..

thanks


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## littleoddity (Aug 15, 2007)

The easiest way to do that to an image in photoshop is Image>Adjustments>Treshold.. then just drag the slider until you get something you like.. Images>Adjustments>Levels can do a similar thing.

Here's a quickie I did with the Che image since it's the one in the topic. I did put a slight blur on it first since the image I found was really noisy.


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## wc33144 (Dec 8, 2007)

Go to Cuba and ask Fidel Castro. And Stay there.


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## marcelolopez (Jul 16, 2007)

wc33144 said:


> Go to Cuba and ask Fidel Castro. And Stay there.


That's not very helpful.


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## johnnyhavana (Mar 25, 2008)

read this posting about the Che Guevara copywrite http://www.t-shirtforums.com/business-finance/t111073.html

Don't bother making them !


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## buehrle (Jan 14, 2008)

if you want you can use my picture on your shirts. it's not copywrited and i just take a roll of eco-film as payment !


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## wormil (Jan 7, 2008)

Comin'OutSwingin said:


> Certain pictures of him are definitely not in the public domain. And certainly not the most famous one. It's actually owned by a cuban photographer with a British copyright on the image.
> 
> Which means that the copyright must be held up by the US because of the Berne Convention.
> 
> ...



The headlines are misleading, Korda never won copyright rights to the image. At this point it seems that some companies are voluntarily paying a license fee but Korda's family have ever actually demonstrated they own the copyright.


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## johnnyhavana (Mar 25, 2008)

Hi Wormil,

What do you mean Korda never won copyrights, its his image, he took it, who would he win the rights from, the Cuban gov.? There is also documented proof of the ownership and license, we have them from the Cuban courts and French courts. 
Also your link to CNN is dead, do you happen to have it somewhere else, I would like to read this, new to me


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## wormil (Jan 7, 2008)

johnnyhavana said:


> Hi Wormil,
> 
> What do you mean Korda never won copyrights, its his image, he took it, who would he win the rights from, the Cuban gov.? There is also documented proof of the ownership and license, we have them from the Cuban courts and French courts.
> Also your link to CNN is dead, do you happen to have it somewhere else, I would like to read this, new to me


That isn't my link to CNN.

I answered your questions in another post but the gist of it is that the copyright has long been expired under Cuban copyright law. It has been questioned whether Korda ever actually owned a copyright since the picture was a work for hire under Cuban law, that the copyright would have belonged to the state, not the individual. There is no precedent for a family being able to revive a copyright from the public domain.

Remember we are working under Cuban copyright law of the fifties and sixties, not modern US copyright law. I don't know what you have but I couldn't find anything through Google that would suggest the family ever obtained the copyright. What I suspect they are doing is bluffing then quickly offereing to settle because if the case did go to court they would have to actually prove first that Korda owned the copyright, that the copyright never expired and that it could be legally transferred to the family.

The CNN article has a misleading headline, Korda never defended the copyright. The company chose to settle out of court. And if I remember, Korda didn't suit based on copyright but on moral right, that Che Guevara's image should not be used for material gain. The irony of course is that Korda's family is making money hand over fist, haha. Korda's daughter won a lawsuit in France but the status of the copyright was not determined in that suit either, the suit was based on political use of the photo, not commercial.


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