Aug 3, 2017

Copyright dispute over Statue of Liberty stamp

Copyright can subsist in sculptures, as well as perhaps more commonly encountered artistic works like paintings and photographs.

The sculptor of a replica of the statue of liberty may have his day in court as a federal judge has reportedly ordered that his copyright infringement claim against the United States Postal Service will go to trial later in the year.

In 2010/11, the Postal Service designed and issued stamps bearing an image of the statue of liberty, not realising that the image was in fact of a replica, created by Robert Davidson. Davidson issued court proceedings in 2013, claiming the stamps infringed his copyright protected replica, which stands outside a hotel in Las Vegas.

It is understood that Davidson made an application for summary judgment, a procedure applicable where there is no real prospect of defending a claim, but his application was rejected by the court. It will be interesting to see how this case develops both at trial and also in the media.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or

in: Copyright, News

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