Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

Exercise 18

The Column is a sculpture of 19 stainless steel statues depicting a squad of soldiers on patrol; it is a key part of the Korean War Veterans Memorial on the National Mall in Washington, D.C. The Column was created by sculptor and World War II veteran Frank Gaylord. In January 1996, John Alli, an amateur photographer, visited the Memorial during a heavy snowstorm and photographed The Column. In 2002, the United States Postal Service issued a stamp commemorating the fiftieth anniversary of the Korean War armistice. The Postal Service selected Mr. Alli's photograph for the stamp face and paid Mr. Alli a one-time fee of $1,500 for the right to use the photo. The Postal Service did not have permission from Mr. Gaylord to feature his sculpture. Do you think that Gaylord would prevail in a copyright infringement suit If so, how would you determine damages [ Gaylord v. United States , 777 F.3d 1363 (Fed. Cir.)]