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Court Rules Photo of Memorial Violates Copyright

Posted by kdawson on from the stamp-of-disapproval dept.

WhatDoIKnow sends in a story about an appeals court ruling in a singular case that might have the effect of narrowing "fair use" rights for transformative uses of artworks. "The sculptor who designed the Korean War memorial [in Washington DC] brought suit against the Postal Service after a photograph of his work was used on a postage stamp. Though first ruled protected by 'fair use,' on appeal the court ruled in favor (PDF) of the sculptor, Frank Gaylord, now 85."

13 of 426 comments (clear)

  1. I suppose by Anonymous Coward · · Score: 5, Funny

    he's more obnoxious than a Reserved Gaylord.

  2. Is this one of those... by xerent_sweden · · Score: 5, Funny

    Is this one of those... monumental rulings?

    1. Re:Is this one of those... by turing_m · · Score: 4, Funny

      Is this one of those... monumental rulings?

      TFA says that the government could petition the U.S. Supreme Court for review, so I take it that matters aren't yet... set in stone.

      --
      If I have seen further it is by stealing the Intellectual Property of giants.
    2. Re:Is this one of those... by CrashandDie · · Score: 2, Funny

      TFA says that the government could petition the U.S. Supreme Court for review, so I take it that matters aren't yet...

      [sunglasses]

      set in stone.

      YEEEEEEEAAAAAAAAAAAAAAAAAHH

      There, fixed that for you.

    3. Re:Is this one of those... by Digestromath · · Score: 2, Funny

      Or is it a land mark case? Some sort of statutory precedent?

  3. Re:Fair Use by Nimey · · Score: 3, Funny

    Judicial activism is when a judge does something I don't like.

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  4. Re:Guess it was never ours by Anonymous Coward · · Score: 1, Funny

    Well that's an idea. But how about changing the stamps up a little bit so that they fall under fair use instead of further infringing? Apparently the court's view is that a new work must make some sort of criticism or commentary to fall under fair use. So I'd suggest the stamp as originally designed except with the criticism/commentary "Frank Gaylord is an asshole" printed across them so that they constitute fair use as defined by the court.

  5. Re:isn't the memorial already in the public domain by wbren · · Score: 4, Funny

    I think it's more about whether you're making profit from the picture...

    This is the US Post Office we're talking about here, so we don't have to worry about any profits being made...

    --
    -William Brendel
  6. Re:isn't the memorial already in the public domain by speederaser · · Score: 2, Funny

    Of course! That way they can have their cake and eat it too.

  7. Re:A slap in the face to all American veterans. by tuxgeek · · Score: 5, Funny

    Your Q reminds me of an old joke

    Army guy got his nuts shot off on the battle field
    The doctor attending him jokes lightly "Looks like they got your ammunition"
    The soldier replies "They would have also gotten my gun if I hadn't been thinking of my wife's sister"

    Does that answer your question or do we need to draw you a picture?

    --
    "Suppose you were an idiot...and suppose you were a member of Congress...but I repeat myself." Mark Twain
  8. Interesting by spagma · · Score: 2, Funny

    Wouldn't this mean then that I can copyright myself, and sue anyone that takes a picture of me?

    --
    If it won't boot, Fsck it!
  9. Re:isn't the memorial already in the public domain by turbidostato · · Score: 2, Funny

    "Of course you don't have the rights to copy her work. Otherwise you could go into business competing against her"

    Of course we all know how bad competition is... those bastard capitalists!

  10. Re:isn't the memorial already in the public domain by lazyforker · · Score: 2, Funny

    The US Govt should decide that he can have it back; and mail it to him.