rybeezy

Here’s my latest design. Though Che Guevara has been a counter-culture symbol for a long time and used extensively, I thought it apt for the concept I was envisioning.

America is facing an uncertain time (the ongoing war(s) supporting the administration’s “war on terror”, oil going through the roof, the dollar’s value fading, the economy becoming unstable, personal liberties and freedoms being challenged, our standing in the world diminishing, and the overall sense that people are becoming fed up with the direction we are heading). With that in mind, I simply did a little word association: America > red, white, and blue > U.S. flag > change > revolution > Che Guevera. Mix that with “corporate America,” and the result is Che in a suit, in front of a patriotic backdrop.

Update: Well I’ve apparently run into a snag with my latest design. I received an email from the Cafepress Content Usage Team informing me that my latest content had been flagged as pending because:

We recently learned that your CafePress.com account contains material which may not be in compliance with our policies.

I followed up, informing them that the vector image of Che Guevara that I used was obtained from a public-domain image repository and requesting further clarification of the problem. Today, I received the following response:

Dear Customer,

Thank you for contacting CafePress.com!

Unfortunately we have pended your Korda Che Guevara based image. Please understand that we feel Che is a political figure and that it is appropriate to use original, public domain or licensed images of Che on the CafePress.com Web site, however, the Korda Che Guevara image is a photograph that is protected by copyright laws and use of the actual image, or any derivatives can be viewed as copyright infringement.

We have been in contact with the attorney for the Korda estate, and below please find his contact information. We are more than happy to allow you to use the image if you obtain permission.

Maitre Randy Yolaz
Cabinet D’Avocats - Law Offices
17, Bis Avenue Foch
75116 Paris France
Tel: +33 1.40.67.99.10
Fax: +33 1.45.00.69.66

Sorry for the inconvenience. Once again, we do view Che as a political figure and allow pro or anti Che merchandise, however, your particular image is too similar to the original Korda photograph. Please note that merely altering the image is not sufficient, you need to create your own original work and it cannot resemble the unique features of the Korda photograph.

Best Regards,

Margene H.
Content Usage Associate
(650) 655-3104 (O)
(650) 240-0260 (F)
www.cafepress.com

Having known that the image was created using one of the most recognizable photos of Che Guevara, I was not aware that the legal status of the photo and its derivatives were un-established internationally. That is, until I checked Wikipedia.

Before doing anything, I decided to do a quick search to see if anyone else had encountered a problem with using the Korda Che Guevara photo (or derivative of), and sure enough I came across this and this. Having found these, I don’t think I’m really going to pursue the issue. Since I spent time creating the image, I guess I’ll either have to find another photo to use as a source, or pick a new candidate to fit the design/message.