Postage Stamp Saga Concludes

Sculptor Frank Gaylord created human soldier figures that were included as part of the Korean War Veterans Memorial. Mr. Gaylord has been battling with the US Government for five years because an image of the soldier sculptures appeared without his authorization on a US postage stamp.

In February 2010 Mr. Gaylord "won" the case, when the United States Court of Appeals for the Federal Circuit held that Mr. Gaylord held the copyright to the soldier sculptures, and their use on the stamp did not constitute "fair use." You can read the Court's decision here, and see images of the sculptures at this prior post of Arts Law for Everyone.

[The Court's decision was not unanimous; a dissent by Judge Newman argued strongly that the majority's view was contrary to the contract for Mr. Gaylord's work (which required copyright to be owned by the Government); contrary to a statute governing works done in the service of the United States; contrary to US copyright law; and contrary to US policy governing access to national monuments. If you're interested in these issues, don't stop at the end of the majority's opinion: read the dissent.]

Following the Court's decision, the matter went back to the United States Court of Federal Claims for a determination of damages. Mr. Gaylord argued he was entitled to $3 million based on royalties from sales of the stamp.

Last week, the Court of Claims made its determination: $5,000. You can read the decision here.


Copyright 2011 Elizabeth T Russell. Blog content not legal advice.