Postage Stamps Held Not a Fair Use Where Sculptor Is Sole Author of Depicted Memorial

Mondaq Business BriefingUnited States Law Articles in English (2010)

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Postage Stamps Held Not a Fair Use Where Sculptor Is Sole Author of Depicted Memorial

This article appeared in Last Month At The Federal Circuit, March 2010

Judges: Newman (dissenting), Mayer, Moore (author) [Appealed from Court of Federal Claims, Judge Wheeler]

In Gaylord v. United States, No. 09-5044 (Fed. Cir. Feb. 25, 2010), the Federal Circuit reversed a Court of Federal Claims decision that a stamp issued by the United States Postal Service ("USPS") made fair use of Frank Gaylord's copyright in the sculptures constituting part o...

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