Victory in Che Logo Case

["Jay Moore" <research@xxxxxxxxxxxxxx>]

Castro photographer wins damages
By Tom Leonard
Electronic Telegraph
September 15, 2000

A CUBAN photographer whose picture of Che Guevara became the world's most
famous revolutionary image won substantial damages yesterday after the
portrait was used in a British advert for vodka.

Alberto Diaz Gutierrez, 72, went to the High Court to sue the advertising
company Lowe Lintas and the Rex picture agency, claiming that they had
breached his copyright on the 40-year-old photo in a campaign for Smirnoff
last year. The photographer, who lives in Havana and is better known as
Alberto Korda, felt that the revolutionary hero was being trivialised.

In an out-of-court settlement he was confirmed as owning the copyright on
the picture and awarded an undisclosed but "substantial" sum. It is the
first time he has resorted to legal action. In true revolutionary style, Mr
Korda, Fidel Castro's official photographer for 10 years, said he would be
donating all the money to Cuban child welfare organisations. He was in
London for the launch of an exhibition of Cuban photography at the National
Theatre.

Mr Korda called on all artists to do more to defend their rights against
commercial exploitation. He said: "As in this case, the use to which it is
put should not damage the integrity of the artist or the subject. Alcohol
and Che Guevara have nothing in common." A joint statement by all parties in
the case said they had "settled their differences and Korda's claim has now
been sensibly and amicably resolved".