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United States postage stamp court case[edit]
The unveiling of the stamp at the center of Frank Gaylord's intellectual property dispute.
On February 25, 2010, the United States Court of Appeals for the Federal Circuit ruled on appeal that the memorial sculptor Frank Gaylord was entitled to compensation for a 37 cent postage stamp which used an image of the sculpture because he had not signed away his intellectual property rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was transformative.[10]
In 2002, amateur photographer and retired Marine John Alli was paid $1,500 to use one of his photographs of the memorial on a snowy day for the stamp[11] which sold more than $17 million worth of stamps. In 2006 sculptor Frank Gaylord enlisted Fish & Richardson to make a pro bono claim that the Postal Service had violated his Intellectual property rights to the sculpture and thus should have been compensated. The Postal Service argued that Gaylord was not the sole sculptor (saying he had received advice from federal sources – who recommended that the uniforms appear more in the wind) and also that the sculpture was actually architecture. Gaylord won all of his arguments in the lower court except for one—the court ruled the photo was fair use and thus he was not entitled to compensation.[12] Gaylord challenged the fair use ruling and won the case on appeal. The case could now either be appealed to the United States Supreme Court, or damages could be assessed by the United States Court of Federal Claims.[10]
Gaylord had sought compensation of 10 percent of the sales. Gaylord's original commission was $775,000.[13] On April 22, 2011, The US Court of Claims awarded Gaylord $5,000.[14] On September 20, 2013, The United States Court of Federal Claims awarded Gaylord $684,844.94 in damages.[15]
From:
Korean War Veterans Memorial - Wikipedia, the free encyclopedia
The unveiling of the stamp at the center of Frank Gaylord's intellectual property dispute.
On February 25, 2010, the United States Court of Appeals for the Federal Circuit ruled on appeal that the memorial sculptor Frank Gaylord was entitled to compensation for a 37 cent postage stamp which used an image of the sculpture because he had not signed away his intellectual property rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was transformative.[10]
In 2002, amateur photographer and retired Marine John Alli was paid $1,500 to use one of his photographs of the memorial on a snowy day for the stamp[11] which sold more than $17 million worth of stamps. In 2006 sculptor Frank Gaylord enlisted Fish & Richardson to make a pro bono claim that the Postal Service had violated his Intellectual property rights to the sculpture and thus should have been compensated. The Postal Service argued that Gaylord was not the sole sculptor (saying he had received advice from federal sources – who recommended that the uniforms appear more in the wind) and also that the sculpture was actually architecture. Gaylord won all of his arguments in the lower court except for one—the court ruled the photo was fair use and thus he was not entitled to compensation.[12] Gaylord challenged the fair use ruling and won the case on appeal. The case could now either be appealed to the United States Supreme Court, or damages could be assessed by the United States Court of Federal Claims.[10]
Gaylord had sought compensation of 10 percent of the sales. Gaylord's original commission was $775,000.[13] On April 22, 2011, The US Court of Claims awarded Gaylord $5,000.[14] On September 20, 2013, The United States Court of Federal Claims awarded Gaylord $684,844.94 in damages.[15]
From:
Korean War Veterans Memorial - Wikipedia, the free encyclopedia
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