The confusion of the stamps of the Statue of Liberty results in a payment of $ 3.5 million
USA
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When the US Postal Service deployed its Forever stamps in 2010 with a close-up of the Statue of Liberty, it was not really the iconic symbol of freedom.
Instead, it was the face of the tiniest replica that sits on the Las Vegas Strip and sometimes dresses up in sports jerseys to celebrate the events in Sin City. As if the confusion was not embarrassing enough, it would also cost the postal service.
Friday, a federal judge ruled that the postal service should pay $ 3.5 million to Robert Davidson, the sculptor of the replica of Las Vegas. .
The Lady Liberty replica wears a Las Vegas Aces jersey to celebrate the season inaugural of the WNBA team in June 19, 2018. Credits: Ethan Miller / Getty Images North America / Getty Images for MGM Resorts Int
Davidson sued in 2013, claiming that the postal service had broken his work, which was original and therefore protected. In his lawsuit, Davidson said his replica "brought a new face to the iconic statue – a face that the public found to be more" fresh "," sensual "and even" sexier "than the original set at New York." [19659002] The government argued that it owed nothing to Davidson because the statue is a replica and does not contain original work, which would render its copyright invalid. But the court did not agree, finding that Davidson's work was original in "making the statue his own creation, especially the face."
"A comparison of the two faces undoubtedly shows that they are different, "writes Judge Eric Bruggink.
How was the error produced?
In 2008, the postal service began looking for new images for the Forever stamp. His director of stamp development had then sought something "different and unique" in the image of the Statue of Liberty because it had already been used in at least 20 different stamps, according to his testimony before the Court, summarized in the opinion of the court. ] The Statue of Liberty in New York, and the smallest replica in Las Vegas. “/>
The Statue of Liberty in New York, and the smallest replica in Las Vegas. Credits: Getty Images
The decision came to an image of the Las Vegas statue that had appeared on a photo service. The postal service has bought a license for this photograph. Several Postal Service representatives testified that they would not have chosen this image if they had known that it was not the true Statue of Liberty.
Then, the stamp bearing the face of the Las Vegas statue went on sale in December 2010, paired with an American Forever stamp.
Three months later, USPS learned confusion. But by then, the face of the Las Vegas replica was on nearly 3 billion stamps that had already been printed. The postal service has tried to make the most of it in its public statements.
"We really like the picture and are excited that people have noticed in a way," said a USPS spokesperson at CNN in 2011. "It's something that people really like, hey, it's awesome, it's wonderful.This certainly stimulated our stamp program. "
Finally, the Lady Liberty stamp was removed in 2014 after the sale of the stamps. About $ 4.9 billion, which represents about $ 2.1 billion in sales.
Was the work of Las Vegas sufficiently original?
The trial depended the question of whether Davidson's statue, in front of the hotel and casino New York-New York, could be considered an original work.] 19659002] The sculptor said that his Lady Liberty was not a direct copy, and that her face was "more modern" and "definitely more feminine." Davidson also drew attention to the Ifferences in the eyes, eyelids and upper lip. He said that he was influenced by a photo of his mother-in-law, which he used to form his final version of the statue, which was completed in 1996.
The question before the Federal Court of Federal Claims was whether the rejoinder was "sufficiently original to be protected by copyright, that the use of the government infringed".
Finally, the court sits on Davidson's side.
"The part used was entirely of what we consider to be the original work of Mr. Davidson," wrote Bruggink. "The only real defense of the government is that its use has not particularly harmed the plaintiff's activity as an industrial sculptor, but we also note that it has certainly not benefited him.The postal service does not Offered neither public attribution nor excuses. "
Todd Bice, Davidson's attorney, said in response to the decision: "As the court noted, Mr. Davidson's artistic creation of Las Vegas Lady Liberty is unique and appealing, which prompted the US Postal Service to select a photo "
" For too long, the postal service has been striving to ignore the rights of artists like Mr. Davidson, simply by intellectual property after the fact. "The postal service told CNN by e-mail that it" was reviewing the decision and commenting on whether it was appropriate ".
