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Gaylord v. United States

595 F.3d 1364 (2010)

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Gaylord v. United States

United States Court of Appeals for the Federal Circuit

595 F.3d 1364 (2010)

Facts

Frank Gaylord (plaintiff) created a sculpture known as The Column for the Korean War Veterans Memorial in Washington, D.C. The final design of The Column featured 19 stainless-steel statues representing a platoon of American foot soldiers walking in formation. The United States Postal Service (defendant) decided to issue a stamp commemorating the armistice of the Korean War and selected a photograph of The Column captured just after a snowstorm by a photographer named John Alli. The stamp as issued featured Alli’s photograph and depicted 14 of the 19 soldier sculptors. The Postal Service sold millions worth of stamps, as well as various retail goods featuring images of the stamp, but it never sought nor obtained Gaylord’s permission to use the soldier sculptures. Gaylord sued the government for infringement of his work in The Column. Gaylord appealed the Court of Federal Claims’ decision that the government was not liable for infringement because the government’s use of The Column was fair use.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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