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".
