Archived posting to the Leica Users Group, 2000/04/23

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Subject: RE: [Leica] Re: Korda sues over Che rip-off...or, The Smell of Money
From: chucko@siteconnect.com (Chuck Albertson)
Date: Sun, 23 Apr 2000 19:36:34 -0700

Calm down. Copyright includes the right to control who uses your work, and
in what manner, not just the right to be compensated (or not) for its use.
Given the nature of the infringement alleged, and the size of the infringer,
he's more likely to get the attention of the ad agency and their lawyers
with a lawsuit for significant damages than he would with a polite "cease
and desist" letter. If Korda started out with a demand for $1.00, they'd
treat him like a pesky wino, not as a professional photographer.

Chuck Albertson
Seattle, Wash.

> -----Original Message-----
> From: owner-leica-users@mejac.palo-alto.ca.us
> [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of Bill
> Sent: Sunday, April 23, 2000 2:41 PM
> To: leica-users@mejac.palo-alto.ca.us
> Subject: [Leica] Re: Korda sues over Che rip-off...or, The Smell of
> Money
>
> Gerry Walden wrote:
>
> It is reported today in the UK 'Mail on Sunday' that Alberto Korda
> (now 71)
> is to sue a British based advertising agency for breach of copyright
> over
> the use of his famous image of Che Guevara by the Smirnoff vodka
> company....
>
> But he is now suing for #1.9M
> ($3M)  because the image is being used to sell alcohol....
>
>  Korda said 'Life may not have granted me a great fortune, but it
> has given me the even greater fortune of becoming a figure in the
> history of photography.'
>
> .............. snip...................
>
> Hi Gang,
>
> I have a disdain for Bull Sh*t that you would not believe...and Mr.
> Korda's comments are a B.S. of the highest order.
>
> For example, Mr. Korda is quoted as saying, "Life may not have
> granted me a great fortune, but it has given me the even greater
> fortune of becoming a figure in the history of photography."  Maybe
> this statement should have read, "Life may not have granted me a
> great fortune, but I will continue to tough-it-out by accepting the
> $3,000,000".
>
> It seems to me, that if Mr. Korda was truly dedicated to the ideals
> of Communism and Che Guevara, he would sue for $1.00 in damages,
> rather than $3,000,000.  The effect of the court decision will be the
> same regardless of the monetary award.  However, at 71 years-of-age,
> it appears that Mr. Korda has seen the error of his ways and decided
> that Capitalism beats the hell out of Communism... especially if
> there are Big Bucks at stake.
>
> This is what some people call, "The Smell of Money".
>
> Regards,
>
> Bill