Artist Loses Lawsuit Over Korean War Veterans Memorial Stamp

Michael Doyle of McClatchy Newspapers has an interesting post on his website, Suits and Sentences, about an artist who tried to sue the U.S. Postal Service over the 2003 Korean War Veterans Memorial stamp.

According to the post, Vermont artist Frank C. Gaylord, a former World War II Army paratrooper, spent 5 years sculpting the 19 stainless steel soldiers for the Korean War Veterans Memorial in Washington, D.C.

When the Postal Service issued a stamp using a photograph taken by another individual of his work, Gaylord sued and demanded 10 percent of the revenues from sales of the stamps. The photographer was paid $1500, Gaylord nothing.

On Dec. 22, the U.S. Court of Federal Claims ruled against Gaylord and in favor of the Postal Service.

According to the post, "The court concluded that the stamp was itself a 'transformative' work in which the photographer who took the picture of "The Column" in essence created a new work. Moreover, the judge determined the stamp is unlikely to financially harm Gaylord's ability to profit from his enduring copyright."

To read the entire post, click here.

To read the Court's opinion, click here.