This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.

Case Summary

Gaylord v. United States

Gaylord v. United States, 85 Fed. Cl. 59 (Fed. Cl. 2008); rev’d and remanded for damages by 595 F.3d 1364 (Fed. Cir. 2010); No. 06-539C (Fed. Cl. 2011); vacated and remanded by 678 F.3d 1339 (Fed. Cir. 2012); No. 06-539C (Fed. Cl. Sept. 20, 2013); aff’d by No. 2014-5020, slip op. (Fed. Cir. Feb. 4, 2015).

In this case which addressed the unauthorized use of an image of the Korean War Veterans Memorial on a U.S. postage stamp, the U.S. Court of Appeals for the Federal Circuit held that the government infringed the 

copyright of the sculptor who created the memorial. The government’s  infringement was not excused under the  fair use doctrine because . . . .

Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.