Court Rules Photo of Memorial Violates Copyright 426
Posted
by
kdawson
from the stamp-of-disapproval dept.
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."
I suppose (Score:5, Funny)
he's more obnoxious than a Reserved Gaylord.
Is this one of those... (Score:5, Funny)
Re:Fair Use (Score:4, Funny)
Judicial activism is when a judge does something I don't like.
Re:Guess it was never ours (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.
Re:Is this one of those... (Score:4, Funny)
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.
Re:isn't the memorial already in the public domain (Score:5, Funny)
This is the US Post Office we're talking about here, so we don't have to worry about any profits being made...
Re:isn't the memorial already in the public domain (Score:2, Funny)
Of course! That way they can have their cake and eat it too.
Re:Is this one of those... (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.
Re:A slap in the face to all American veterans. (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?
Interesting (Score:2, Funny)
Re:isn't the memorial already in the public domain (Score:3, 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!
Re:Is this one of those... (Score:3, Funny)
Re:isn't the memorial already in the public domain (Score:2, Funny)