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Postal Service Stamp Infringes Copyright – Not Fair Use

Korean War Veterans Memorial - use of photo on postage stamp not fair use

Korean War Veterans Memorial

Several months ago, I wrote that the fair use” defense to copyright infringement often is poorly understood. The U.S. Postal Service illustrates this point. A recent court decision held that a postage stamp infringed the copyrights in certain sculptures and was not fair use thereof.

Frank Gaylord created, and registered the copyrights for, soldier sculptures in formation constituting part of the Korean War Veterans Memorial.Stamp with photo of Korean War Veterans memorial dtermined not fair use

John Alli took a photo of the Memorial. The Postal Service paid Alli $1,500 for the right to use that photo for a 37-cent stamp commemorating the 50th anniversary of the armistice of the Korean War. Alli told the Postal Service that it would need permission from the owner of the copyright in the sculptures; the Postal Service did not seek such permission. (more…)