Che Guevara photographer sues

Alberto Korda still has the original negatives

The photographer who took the legendary shot of Cuban revolutionary Che Guevara is suing the promoters of Smirnoff vodka for using the image in an advertising campaign.

The photograph, taken in 1960, has been used on T-shirts, banners and posters across the world.

Alberto Korda says copyright of the 1960 picture belongs to him

But now the photographer is claiming copyright on the picture.

Alberto Diaz Gutierrez, who uses the name Alberto Korda, said using the revolutionary to promote vodka was offensive.

"To use the image of Che Guevara to sell vodka is a slur on his name and memory," he told the UK's Guardian newspaper.

"He never drank himself, he was not a drunk, and drink should not be associated with his immortal memory."

He said Che Guevara, as an anti-capitalist, would not have approved of Smirnoff vodka, which is owned by UK food and beverage firm Diageo Group plc.

'Steely defiance'

The 71-one-year-old photographer, who still lives in Cuba, is suing advertising agency Lowe Lintas, and Rex Features, the company that supplied the photograph.

Mr Korda still has the photograph's negative and the camera that took it.

The image has already been used to promote church-going

In a claim filed in London's High Court, Mr Korda said the advertising campaign trivialised the photo's historical significance.

Mr Korda took the photograph for a Cuban newspaper on 5 March 1960, at a memorial service in Havana.

"I saw him step forward with this absolute look of steely defiance as Fidel (Castro) spoke," he told the Guardian. "It was only a brief moment that I had.

"I managed to shoot two frames and then he was gone."

Fidel Castro: Fellow revolutionary

Che Guevara was a key figure in Cuba's 1959 revolution alongside Fidel Castro, who still rules the country.

When Che Guevara was killed by the Bolivian army in October 1967, he was hailed a martyr to the revolution.

The photo been a rallying image in student revolts ever since.

Mr Korda said he may travel to London for the case, which is expected to be heard in September.

There has been no comment from Lowe Lintas and Rex Features.