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Law School Case Briefs

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Gaylord v. United States

Court of Appeals for the Federal Circuit (2010) | 595 F.3d 1364; 94 U.S.P.Q. 2d (BNA) 1116; 2010 U.S. App. LEXIS 3915; 2010 WL 653272

4 min read

TL;DR: A sculptor sued the U.S. government after the Postal Service used an image of his Korean War Memorial sculptures on a stamp. The court found the stamp was not a fair use of the copyrighted work and held the government liable for infringement.

Legal Significance: This case clarifies the "transformative use" standard in fair use analysis, holding that changes in mood or setting do not necessarily transform a work's purpose or character, especially when the secondary use is commercial and does not comment on the original.

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