An 85-Year-Old Sculptor vs. The Government →
This is a case in which I’d like to see go to the Supreme Court.
I understand that it’s infringement if you take a picture of someone’s art and use it for profit but this is a National Monument celebrating the soldiers that served in the Korean War. It’s rather naive to believe that a) no one will take pictures of it, and b) those pictures can not be used for any commercial use without expressed consent from the sculptor. There are a lot of fair uses that get neglected by this ruling.
Don’t get me wrong, the USPS made a fortune but what about tour books that might include a picture of this war memorial? Wouldn’t that constitute a fair use, although one that may be for profit? That’s just one example.
Now, I’m not a lawyer. That’s just my two cents.