USPS Use Of Las Vegas Lady Liberty Stamp Results In Law Suit

Most will remember the media uproar that was caused when it was discovered the Lady Liberty Stamp of 2011 was not depicting the original Statue of Liberty in New York but instead the Las Vegas version of it.

Now it seems the creator of the Las Vegas sculpture is suing the US Postal Service for copyright infringement:

http://www.postalmag.com/statue.pdf

What do you think ... is the law suit justified?

The man should be proud that his work is used on a postage stamp!
Is the Ford Motor Company suing for using a picture of a Mustang?


Peter

No. But in the case of vehicles (i.e. Ford, Chevrolet, Dodge, etc., as in the Muscle Car stamps) there is a copyright acknowledgement included on the pane of stamps, proving that license was obtained for use of those images.

In the case of the Las Vegas Lady Liberty stamp, you may recall that it was initially declared a "mistake" that the USPS used an image from Las Vegas sculpture rather than from the original Statue of Liberty.

Ummm, isn't the Las Vegas guy also guilty of copyright infringement by making a copy of the Statue of Liberty?

Why did he wait so long?

The first question I have is what did they purchase?
Tom

Very interesting... the Statue of Liberty was indeed registered with the copyright office, but has since expired AND it's considered public domain, so it can be replicated, photographed etc etc for commercial or personal use without release. So it will be very interesting to how this translates for a private company's replica that IS protected work of a public domain piece of art. Will be an interesting case to follow.

No. This copyright thing has gotten way out of hand. It is being used to protect things that it was never intended to protect.

Deep Pockets Syndrome __ Remember the Korean War Statue on a stamp some years ago that the USPS lost an infringement suit? Until the courts realize that many common items, venues, etc. are just that and in the public domain (tissue vs. Kleenex)people will try and some succeed (unfortunately)

An interesting perspective of just how this law suit may very well come back to "haunt" the US Postal Service:

http://postalnews.com/postalnewsblo...nfringement/

Thanks for answering my question about what they purchased. I'm sure if they had known there were royalties involved they could have just used the original liberty for there design.
Tom

I think he does have a legal leg to stand on. His work was used for a commercial enterprise without due permission or license. The real question will be, I think, whether the statues was meant to be a replica of the Statue of Liberty or was meant to be a stylized version of Lady Liberty. I wouldnt be surprised if he hasn't been trying to work with the USPS on a private lavel to resolve the issue.

I don't see what is original In the artist's work - it's a deliberate attempt to copy the original statue.

So how can he claim that an image which is a national icon is somehow now "his", which he copied for free and is now trying to sell back to us? What an ass. His actions just tarnish what the statue represents.

I'm just saying...

-Dunc

I fear that this is going to turn into an all about money situation. You made a good point Duncan.

Either way, this will likely be settled out of court like 99% of these cases. USPS could lock this up for years and years and just run this guy dry. So they'll point that out, offer a cash settlement and everyone holds hands and sings Kumbaya.

We
'll just have to follow it and see what happens which I'm sure our fearless moderator will for us.
Tom