ARTICLE · 10 APRIL 2015

Reasonable Royalty Damages In Copyright

McDermott Will & Emery

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Addressing for the issue of the reasonable royalty from a hypothetical negotiation for copyrights, the U.S. Court of Appeals for the Federal Circuit upheld a 10 percent per unit reasonable royalty for the U.S. Postal Services use.

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Melissa Nott Davis

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Gaylord v. United States

Addressing for the issue of the reasonable royalty from a hypothetical negotiation for copyrights, the U.S. Court of Appeals for the Federal Circuit upheld a 10 percent per unit reasonable royalty for the U.S. Postal Services use, on a stamp, of a photographic depiction of a sculpture. Gaylord v. United States, Case No. 14-5020 (Fed. Cir., Feb. 4, 2015) (Taranto, J).

Frank Gaylord is a World War II veteran and renowned sculptor. Gaylord won a contest seeking designs for the Korean War Veterans Memorial in Washington, D.C., and created a sculpture design (The Column) featuring 19 stainless steel statues representing a platoon of foot soldiers in formation. Gaylord was paid $775,000 for his work.

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