Gaylord v. U.S. Postal Service

The U.S. Postal Service created a commemorative stamp from a photograph of a sculpture called, which is part of the Korean War Veterans’ Memorial in Washington DC. features nineteen larger-than-life soldiers arranged in two columns, representing a platoon of soldiers on patrol in the Korean War. The Postal Service got permission to use the photograph that appears on the stamp, but not The Column depicted in it, so the sculptor sued the Postal Service for infringing his copyrights in the sculpture. The case was appealed to the Federal Circuit and presented the important question of whether and to what extent an artist has the right to use existing imagery to create new artistic expression. We think fair use does and should protect this right, which is crucial to lots of expression, including vast amounts of modern art.  We filed an amicus brief on behalf of the Andy Warhol Foundation, the Warhol Museum, contemporary artists Barbara Kruger, Thomas Lawson, Jonathan Monk, and Allen Ruppersberg, and eleven law professors because we thought the Federal Circuit should hear the views of those who create, promote and defend that art.