Korean War Veterans Memorial: Difference between revisions
Carcharoth (talk | contribs) Removing image with central crop that has left a blank space. This cropping is not standard practice, I think it would be best to discuss this somewhere suitable first. |
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==United States postage stamp court case== |
==United States postage stamp court case== |
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[[File:Korean War Veterans Memorial Stamp Unveiling Reduced Resolution.jpg|right|thumb|300px|The unveiling of the stamp at the center of Frank Gaylord's intellectual property dispute.]] |
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On February 25, 2010, the [[United States Court of Appeals for the Federal Circuit]] ruled on appeal that the memorial sculptor Frank Gaylord was entitled to compensation for a 37 cent [[postage stamp]] which used an image of the sculpture because he had not signed away his [[intellectual property]] rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was [[Transformativeness|transformative]].<ref>[http://amlawdaily.typepad.com/amlawdaily/2010/02/frankgaylordip.html An 85-Year-Old Sculptor vs. The Government – amlawdaily – February 25, 2010]</ref> |
On February 25, 2010, the [[United States Court of Appeals for the Federal Circuit]] ruled on appeal that the memorial sculptor Frank Gaylord was entitled to compensation for a 37 cent [[postage stamp]] which used an image of the sculpture because he had not signed away his [[intellectual property]] rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was [[Transformativeness|transformative]].<ref>[http://amlawdaily.typepad.com/amlawdaily/2010/02/frankgaylordip.html An 85-Year-Old Sculptor vs. The Government – amlawdaily – February 25, 2010]</ref> |
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Revision as of 19:56, 27 July 2010
Korean War Veterans Memorial | |
 Aerial view of the Korean War Veterans Memorial | |
  | |
| Location | SE of Lincoln Memorial, off Independence Ave., Washington DC |
|---|---|
| Area | 2.20 acres (0.89 ha) |
| Visitation | 3,214,467 (2005) |
| NRHP reference No. | 01000273[1] |
| Added to NRHP | July 27, 1995 |
The Korean War Veterans Memorial is located in Washington, D.C.'s West Potomac Park, southeast of the Lincoln Memorial and just south of the Reflecting Pool on the National Mall. It commemorates those who served in the Korean War.
Design and construction
The Korean War Veterans Memorial was authorized by the U.S. Congress (Public Law 99-572) on October 28, 1986,[2] with design and construction managed by the Korean War Veterans Memorial Advisory Board and the American Battle Monuments Commission.
The initial design competition was won in 1989 by a team of four architects from Pennsylvania State University, but this team withdrew as it became clear that changes would be needed to satisfy the advisory board and reviewing agencies such as the Commission of Fine Arts. A federal court case was filed and lost over the design changes. The eventual design was by Cooper-Lecky Architects who oversaw collaboration between several designers.[3]
President George H. W. Bush conducted the groundbreaking for the Memorial on June 14, 1992, Flag Day. It was dedicated on July 27, 1995, the 42nd anniversary of the armistice that ended the war, by President Bill Clinton and Kim Young Sam, President of the Republic of Korea, to the men and women who served during the conflict. Management of the memorial was turned over to the National Park Service, under its National Mall and Memorial Parks group. As with all National Park Service historic areas, the memorial was administratively listed on the National Register of Historic Places on the day of its dedication.
Memorial
The memorial is in the form of a triangle intersecting a circle. Walls: 164 feet long, 8 inches thick; more than 100 tons of highly polished "Academy Black" granite from California: more than 2,500 photographic, archival images representing the land, sea and air troops who supported those who fought in the war are sandblasted onto the wall. Within the walled triangle are 19 stainless steel statues designed by Frank Gaylord,[4] each larger than life-size, between 7 feet 3 inches and 7 feet 6 inches tall; each weighs nearly 1,000 pounds. The figures represent a squad on patrol, drawn from each branch of the armed forces; fourteen of the figures are from the U.S. Army, three are from the Marine Corps, one is a Navy Corpsman, and one is an Air Force Forward Air Observer. They are dressed in full combat gear, dispersed among strips of granite and juniper bushes which represent the rugged terrain of Korea. When reflected on the wall, there appears to be 38 soldiers, representing the 38th parallel. To the north of the statues is a path, forming one side of the triangle. Behind, to the south, is a 164-foot-long black granite wall, created by Louis Nelson, with photographic images sandblasted into it depicting soldiers, equipment and people involved in the war. This forms the second side of the triangle. The third side of the triangle, facing towards the Lincoln Memorial, is open.
To the north of the statues and path is the United Nations Wall, a low wall listing the 22 members of the United Nations that contributed troops or medical support to the Korean war effort.
The circle contains the Pool of Remembrance, a shallow 30-foot-diameter pool lined with black granite and surrounded by a grove of trees with benches. Inscriptions list the numbers killed, wounded, missing in action, and held as prisoners of war, and a nearby plaque in inscribed: "Our nation honors her sons and daughters who answered the call to defend a country they never knew and a people they never met." Additionally, right next to the numbers of American soldiers are those of the United Nations troops in the same categories. In the south side of the memorial, there are three bushes of the Rose of Sharon hibiscus plant, South Korea's national flower.
A further granite wall bears the simple message, inlaid in silver: "Freedom Is Not Free".
Troop statistics
Engraved on granite blocks near the water pool at the east end of the monument are the casualty statistics for the soldiers who fought in the war.
- Dead — United States: 54,246,[5] United Nations: 628,833
- Wounded — United States: 103,284, United Nations: 1,064,453.
- Captured — United States: 7,140, United Nations: 92,970.
- Missing — United States: 8,177,[6] United Nations: 470,267.
United States postage stamp court case
On February 25, 2010, the United States Court of Appeals for the Federal Circuit ruled on appeal that the memorial sculptor Frank Gaylord was entitled to compensation for a 37 cent postage stamp which used an image of the sculpture because he had not signed away his intellectual property rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was transformative.[7]
In 2002 amateur photographer and retired Marine John Alli was paid $1,500 to use one of his photographs of the memorial on a snowy day for the stamp[8] which sold more than $17 million worth of stamps. In 2006 sculptor Frank Gaylord enlisted Fish & Richardson to make a pro bono claim that the Postal Service had violated his Intellectual property rights to the sculpture and thus should have been compensated. The Postal Service argued that Gaylord was not the sole sculptor (saying he had received advice from federal sources – who recommended that the uniforms appear more in the wind) and also that the sculpture was actually architecture. Gaylord won all of his arguments in the lower court except for one -- the court ruled the photo was fair use and thus he was not entitled to compensation. Gaylord challenged the fair use ruling and won the case on appeal. The case can now either be appealed to the United States Supreme Court or damages can be assessed by the United States Court of Federal Claims.[9]
Gaylord had sought compensation of 10 percent of the sales. Gaylord's original commission was $775,000.[10]
Gallery
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An engraving showing the number killed in the war.
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An engraving showing the number captured in the war. -
An engraving showing the number of missing in the war.
References
- ^ "National Register Information System". National Register of Historic Places. National Park Service. 2009-03-13.
- ^ U.S. Corps of Engineers, Baltimore district
- ^ A March to Remember, Benjamin Forgey, The Washington Post , 22 July 1995 (hosted by www.louisnelson.com)
- ^ Korean War Veterans Memorial, Washington, D.C
- ^ The ABRAM (American Battlefield Monuments Commission) reports US military deaths World Wide during the Korean War from the period June 27, 1950 to July 27, 1954 as 54,246 dead which includes 8,196 MIA. The more commonly used number–36,516–only includes the deaths that occurred as a direct result of the Korean War.
- ^ 664 is the current number defined as of the end of the war.
- ^ An 85-Year-Old Sculptor vs. The Government – amlawdaily – February 25, 2010
- ^ http://blogs.geniocity.com/friedman/wp-content/uploads/2009/07/Stamp-from-The-Column.jpg
- ^ An 85-Year-Old Sculptor vs. The Government – amlawdaily – February 25, 2010
- ^ Postal Service must pay sculptor – Bloomberg News (via Chicago Sun-Times) – February 27, 2010
Bibliography
- Korean War Vererans Memorial, National Park Service leaflet, GPO:2204—304-337/00178
- The National Parks: Index 2001–2003. Washington: U.S. Department of the Interior.
External links
