Reuters - Irish artist bids to copyright Guevara image
"The Irish artist whose poster of Latin American revolutionary Che Guevara became one of the most reproduced images of the 20th century, said he has decided to copyright the image to block "crass commercial" use."
According to Wiki, this image is in the public domain. "The photo was used for the first time internationally in 1967. It is in the public domain by Decree Law no. 156, September 28, 1994, to amend part of Law no. 14 December 28, 1977, Copyright Act (Article 47) which states that the pictures fall into the public domain Worldwide, 25 years after its first use."
This picture was taken by Alberto "Korda" Gutierrez, on March 5, 1960, in Havana, Cuba, at a memorial service for victims of the La Coubre explosion. Korda died 2001; well before, in reference to the image becoming a ubiquitous worldwide symbol, he stated “As a supporter of the ideals for which Che Guevara died, I am not averse to its reproduction by those who wish to propagate his memory" (Korda).