After over four decades, artist Jim Fitzpatrick has finally decided to copyright what may be the most reproduced and recognizable cultural image of the last century. Che Guevara, a major player in the Cuban revolution, has become a ubiquitous pop-culture icon. He has been lifted above his profound accomplishments and is now seen as the posthumous leader of the modern counter-culture movement. Fitzpatrick’s image of Guevara can be seen emblazoned on the t-shirts and book-bags of students across the world, but the use of the image is unfortunately not limited to these contexts.

Fitzpatrick’s image has been increasingly utilized for commercial products that range from unrelated to Guevara to downright blasphemous to the ideals he represented. It is currently possible to purchase Che Guevara doormats, humidors, lighters, bikinis, cigarettes, and condom key chains. Fitzpatrick, who has never received royalties from the use of his image, wants to gain ownership of it simply so he can transfer the rights to the Guevara family and the people of Cuba.

While the statute of limitations on a copyright claim is only three years, the clock does not toll until three years after the last infringing act. Since the infringing acts are still taking place, the window of opportunity to bring an action is still open and this should not hinder the eventual copyright holder’s ability to control the use of Fitzpatrick’s image in the future. This is a poignant moment for many, and hopefully the copyright holders will be able to enforce their newly acquired rights to bring in economic value for cultural development and preserve Guevara’s legacy.