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Korean War Memorial Copyright Infringed By U.S. Postal Service
The U.S. Court of Appeals for the Federal Circuit has held the U.S. Postal Service liable for copyright infringement for its use on a postage stamp of an image of a number of sculptures created by Frank Gaylord for the Korean War Veterans Memorial (the “Memorial”). Gaylord v. United States, 595 F.3d 1364 (Fed. Cir. 2010).
In 1986, Congress passed legislation to erect a memorial to honor Korean War veterans. The American Battle Monuments Commission sponsored a contest to select a designer for the Memorial. Although a team from Pennsylvania State University won the contest with its proposal to create 38 larger-than-life granite soldiers in formation, that team withdrew from the project. Cooper-Lecky Architects, prime contractor for the creation, construction, and installation of the Memorial, held a further competition to select a sculptor. Gaylord won that competition and began work in 1990 on the final design, featuring 19 stainless steel statues of foot soldiers in formation, known as “The Column.”
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