Fair use? US stamp featuring photo of monument nets sculptor $650,000: Digital Photography Review

Fair use? US stamp featuring photo of monument nets sculptor $650,000: Digital Photography Review.

In an interesting case involving a postage stamp depicting a photograph of the Korean War Veterans Memorial, the U.S. Postal Service has been found to have infringed upon the copyrights of the sculptor who created the Memorial. It appears that at the time the memorial was commissioned, that the government did not secure copyrights to the statute, which by default remained with the sculptor.

Subsequently the U.S.P.S. made use of a photograph of the memorial on a postage stamp. When sued by the sculptor for copyright infringement, the U.S.P.S. unsuccessfully argued that their use was “fair use”, and accepted defense to copyright infringement. Ultimately the federal court determined that the Postal Service’s use of the intellectual property did not fall within the definitions of fair use, and after much pushing and pulling byt he respective sides, the U.S. Court of Federal Claims as found that the U.S.P.S. owes the sculptor $684,844.94 in damages for its infringement of his copyrights.

This case highlights the complexity of the application of intellectual property law and the high stakes involved in failing to secure the appropriate rights to use intellectual property in a particular way.

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Apple Awarded $1.049 Billion In Damages As Jury Finds Samsung Infringed On Design And Software Patents | TechCrunch

Apple Awarded $1.049 Billion In Damages As Jury Finds Samsung Infringed On Design And Software Patents | TechCrunch.

Well, perhaps the biggest surprise here was just how quickly the jury came back with the verdict (and perhaps the dollar amount granted). The long and the short of it is, Apple has secured a judgement of over $1B for infringement of Apple’s design and software patents surrounding the iPhone.

One interesting tidbit from the verdict is that the jury denies all of Samsung’s counterclaims for infringement of its patents.

Unsurprisingly, Samsung is vowing an appeal of the verdict. This battle is far from over, it appears. It will take a while (perhaps through the conclusion of any appeals on the case) to make any firm decisions as to the effect this case will have on the patent landscape. In the short term, however, the verdict is undeniably good fro Apple’s stock and bad for Samsung’s.