PetaPixel

Che Guevara Dog Image Sparks Rights Battle and Large Settlement

Alberto Korda‘s iconic photo of Che Guevara, titled “Guerrillero Heroico“, is constantly at the center of copyright battles, with Koda’s daughter Diana Díaz even licensing the image for branded products in order to fund the legal fights. The latest case involves a London gift company, takkoda, which recently began selling products featuring a dog Photoshopped to look like Che in Korda’s photo. The designers insist that there was no copyright infringement but, rather than risking a prolonged legal battle, the gift company decided to settle out of court. Though the amount of the settlement was not made known, it’s estimated to be in the tens of thousands of dollars.

(via Amateur Photographer)


 
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  • http://twitter.com/SamHouseholder Sam Householder

    I thought the photo was all but public domain? Korda, himself a communist, didn’t pursue it’s unlicensed use very often but now his daughter does? That just seems wrong.

  • http://www.facebook.com/profile.php?id=808111109 Alistair Parker

    Might not have been so obvious if the beret had not been a straight lift!

  • http://www.facebook.com/profile.php?id=808111109 Alistair Parker

    Might not have been so bad if the beret had not been a straight lift!

  • Anonymous

    That’s freakin’ adorable!

  • http://www.facebook.com/sevenbates Seven Bates

    Completely wrong. Parody and satire exist people. They should have counter-sued her.

  • Wladneto

    uma merdaaaaa

  • http://www.bobcooleyphoto.com bob cooley

    This is actually a perfect example of the Parody exemption (Fair Use) in US Copyright law. Parody is often misunderstood (if they used the original photo of Che to make fun of something, then it would not fall under the exemption, but because the new photo is a parody of the original, it can fall under Fair Use). It seems to hold up to all the tests, and Parody can be used as a defense even in for-profit cases.

  • http://twitter.com/WeiseStudios Dana Weise

    Huh funny… In an odd sort of way, especially with this latest blog post: http://www.petapixel.com/2011/04/14/famous-photos-recreated-with-star-wars-clone-troopers/

  • http://twitter.com/RudyTorres RudyTorres

    Selling novelties for profit forfeits that argument. Pay up it’s only fair.

  • A BiPolar Guy

    parodies in book , movie and song form are sold every day for profit. Legal, above board, fair use.

  • John Kantor

    To hell with the law – let’s just blackmail them. Lawyers will do anything for money. (I know – I have pictures.)