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convincing but it's also true that Korda successfully sued for copyright infringement in 2000, so I'd pull up short of describing its PD status as "settled". Not only is it certainly the most iconic photograph ever, it's also the subject of what's probably the most (in)famous IP dispute in history.
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about reproduction would almost certainly not exclude WP.. I actually have a bigger and better version of this image on file I could upload if we can agree on suitability for FP, at a minimum, remembering that (eg) Fair Use would render it ineligible: mere hosting does not confer eligibilty.
40:- Has been declared "the most famous photograph in the world." It is universally known as an iconic symbol of rebellion within popular culture, and ironically has been commercially manufactured in the name of capitalism. Something Guevara himself dedicated his life fighting against.
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over the image is therefore one based on copyright, which is even more relevant... and it's not just Korda's family: Guevara's family have assumed worldwide guardianship of the image and have established a foundation for protection against its continued commercial exploitation
390:. Not for unresolved licensing issues, but because it's too heavily compressed. WP has very few featured pictures under 100KB; this is about a tenth the filesize we'd normally regard as minimal. Even though the original is iconic, this is not a high quality copy.
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Note that they didn't "successfully sue" - it was an out-of-court settlement, which doesn't mean anything in terms of adjudication. At a certain point it's cheaper to settle than fight, esp if you're going to get negative publicity in the process.
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That's correct. The image's copyright status has never been decided by any court. It's important to note that the cases also involved moral rights (which don't exist in the US), not just copyright.
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Knowledge allows downstream use for noneducational purposes, including commercial purposes. This is the reason FPC accepts only images that are public domain or under free license.
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that was resolved by slapping a {{PD-Cuba}} template on it with no real consensus. IMO that discussion failed to properly address the first principle of a PD license: that
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272:. I have to say that there are some pretty convoluted arguments on the image page. Not withstanding those, it appears to be in the public domain per PD Cuba.
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The arguments for the image being public domain are pretty convincing, IMO. We certainly host plenty of images with less substantiated status.
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that principle with regard to this image (the
Smirnoff action and French RSF complaint) show that not to be the case, basically. Whether we
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to be a moral rights issue, but that issue has never been specifically addressed or established any more than actual copyright has. The
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issue to settle on this nom is whether or not it can genuinely be said to be freely licensed. AFAICS we host this image further to a
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It is, but his death is relevant. Not being alive, he can't claim moral rights; nor are those rights transferable. His family's
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is complex and unsettled." I don't think we can easily say this has a free license, one of the criteria for a featured picture.
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Am I the only one thinking that the original uncut image with palm trees and some statue is more intriguing? --
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host an image under such contestable (and contested) license terms is moot: we already do. Whether we
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Iconic, yet at 80kb it would be the most heavily compressed FP to be promoted in a very long time.
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As our own article about this picture says, "The legal ownership and copyright status of
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Ooh, I dunno, I think I'd consider a $ 70,000 settlement "successful" ;o) it would
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Wow, I was just discussing this last night and here it is on FPC. The arguments
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BTW, Korda doesn't have an opinion on the matter as he happens to be dead.
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Potentially featurable material, but a poor quality reproduction.
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anyone is free to use the image in any way and for any purpose
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such an image is the issue we must be clear on here. --
234:. Successful (as in "complaint unpheld") challenges to
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330:It appears to be his heirs who make the claim.
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470:Featured picture nominations/July 2009
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18:Knowledge:Featured picture candidates
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68:Articles this image appears in
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465:Featured picture nominations
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84:Special Activities Division
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57:of Marxist revolutionary
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53:, a photograph taken by
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108:Support as nominator
88:Che (disambiguation)
438:Shoemaker's Holiday
145:Guerrillero Heroico
80:Che Guevara (photo)
50:Guerrillero Heroico
28:Guerrillero Heroico
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65:memorial service.
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72:Che Guevara
59:Che Guevara
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76:Revolution
63:La Coubre
61:, at the
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38:Original
378:Caspian
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318:Kaldari
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270:Comment
244:feature
236:exactly
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97:Creator
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388:Oppose
354:mikaul
334:Durova
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249:mikaul
240:should
218:appear
177:mikaul
171:wishes
131:Durova
45:Reason
408:MER-C
16:<
442:talk
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380:blue
351:. --
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