Image talk:Cheicon.jpg
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I'm sorry J.J. but do you know they were serious issues about this image copyrights ? Make a search on Google about Alberto Korda. Ericd 23:05 May 11, 2003 (UTC)
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[edit] Copyright
The guy was a lifelong communist, though, and only wanted to cut down on blatant commercialization of the image, telling reporters:
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.
So it's used with permission.
That does not follow. Wikipedia does not have policies of propagating the memory of Che, or of propagating social justice. There may be a fair use justification for using the image in some articles: Che Guevara (photo), for example. But this is not a by permission image. Incidentally, the case referenced establishes that the photographer has asserted copyright, but it does not establish that his assertion is legally founded; the case was settled before a court decision. Markalexander100 08:57, 14 Jul 2004 (UTC)
- Wikipedia does not have policies of propagating the memory of Che, or of propagating social justice.
- But :
- The article about Guevara propagate the memory of Che,
- A Free Encyclopedia is a contribution to the cause of social justice throughout the world.
- Ericd 17:07, 14 Jul 2004 (UTC)
Well, no. Propagating implies promoting; an article which said "Che's a bastard" would not be propagating his memory. A Free Encyclopedia is a contribution to the cause of social justice throughout the world? Again, no. It could be for or against social justice. Wikipedia, as it happens, is neither. Markalexander100 00:51, 15 Jul 2004 (UTC)
[edit] No, I think we qualify.
The Che article is obviously designed to let people know about Che-thus, we fulfil the "propagating his memory" requirement. Also, an encyclopaedia that's free for anyone to use and edit and has a NPOV policy is hardly a champion cause of social injustice.
[edit] Not the Korda image
This is a red and black impression of the Jim Fitzpatrick image, which was based on the Korda photograph (see discussion at Che_Guevara_(photo)). Fitzpatrick renounced copyright on his graphic and any derived works, as described on his website. Whether it's a derivative work of Korda's photo (and thus Fitzpatrick never had the copyright in the first place) is one for the lawyers (but I doubt it - the image is universal at this point, which was Fitzpatrick's intention as well as Korda's). In any event, it can be safely surmised that Korda wanted his image to be used in any fair, noncommercial discussion of Che. He didn't use the term "NPOV" but probably wouldn't disagree with it. ;)
- the image is universal at this point I don't know what that means, but I don't think it has any legal significance. Mark1 06:30, 14 Nov 2004 (UTC)
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- It means that the image is used by all and sundry, as the artist intended. I have a t-shirt from Cuba with a glow-in-the-dark representation of it. ;) This may or may not change the legal standing of our use of the art (in a US jurisdiction probably not, though there it would probably have been fair use anyway), but again, it's a moot point; this is Fitzpatrick's image and he's expressed the wish that it be freely reproduced. From the artist's site:
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- "It's an odd world." says the artist, "The Che Guevara poster became a worldwide phenomena and caused outrage everywhere it appeared. Because the various posters of Che I produced were based on a photograph by a then unknown Cuban photographer plus the fact that I had met him (see Biography section ), idolised him and of course wanted to make sure he was never forgotten I made all the Guevara images copyright free. That's how it spread everywhere so quickly.
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toh 22:31, 2004 Nov 18 (UTC)
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- I read somewhere (I think in the French magazine Le Point) that Korda's widow was engaging a new lawsuit for this photo and this time asking for a lot of money....
- Ericd 16:20, 19 Nov 2004 (UTC)
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[edit] From image page
Che Guevara icon.
This is a photo portrait taken by the Cuban photographer Alberto Korda and printed with strong contrast. The star on Che's hat and his eyes have also been edited from the original version. Cuba didn't sign the Berne convention thus the copyright status is unclear.
Uncropped source photo: Image:Che.jpg.
Korda successfully claimed copyright in 2000 to prevent it being used in a Vodka ad. Korda was a lifelong communist, though, and only wanted to cut down on the commercialization of the image, telling reporters:
"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."
See http://edition.cnn.com/2000/WORLD/europe/09/16/cheguevaraphoto.ap/.
noncommercial
--69.108.1.58 07:14, 28 Nov 2004 (UTC)LOL--69.108.1.58 07:14, 28 Nov 2004 (UTC) nonfreedelete
[edit] Context dependant
The copyright holder's statement above clearly shows that use is permitted in specific cases and context. Without commenting on if it is fair use for the Wikipedia article on Che, it most certainly is not for the article on beret and other non-Che articles it has been placed in. -- Infrogmation 17:30, 9 Feb 2005 (UTC)
