Encomiast

The government can do what it like with sculpture. Just like you can do what you like with the actual car or magazine.

But, do you think if you buy a Honda Civic or a copy of GQ you should be...

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Here's a PDF from American's for the Arts with some info for you about creating public art:
http://www.americansforthearts.org/pdf/networks/pan/becker_communities.pdf

Here's the salient section...

@HubertChen,

The core idea, as you call it, was to create a sculpture that would become part of the memorial. The sculpture itself was intended to be public. It was and is still.

But putting the...

Which facts, specifically, are you referring to? The only facts that would indicate that the artwork was intended to be in the public domain would be language along the lines of, "artist agrees...

Really? That's like saying a photo on the cover of a magazine is only incident to the magazine and therefor photographs don't need to be licensed. After all most people buy a magazine for what's...

Only if that's the way copyright worked. But it isn't, at least not in the US.

What if someone wants to build another building based on the architect's design? Should the architect be paid for that?

What if someone wants to build another building based on the architect's design? Should the architect be paid for that?

What if someone wants to create a line of doll houses replicating the...

What if someone wants to build another building based on the architect's design? Should the architect be paid for that?

What if someone wants to create a line of doll houses replicating the...

Suggesting that the state should purchase all rights for every art work it commissions just in case they may need them is like suggesting that the state should buy every hotel rather than just pay...

It may seem strange, but I guarantee when the US government hires contractors to invent fighter jets it doesn't own all the patents that GE or General Dynamics registers.

The point you're missing...

Limiting photographs in galleries is an interesting issue. Often museums try to exert power over work that should by all accounts be in the public domain. They often limit photography even when...

For the record: copyright law in the US has an exception for photographs of buildings viewable from public spaces. It's not infringement to photograph a building (although there have been some...

Yes, that's a typo. Thanks.

They DO own the monument. They just don't own the i.p rights to the work. It's the same way you can own a book without owning the rights to republish it. Or the way you can own a CD without the...

"It is clearly a derivative work"

I don't think anyone disagrees with that. Now that you've read through the ruling, I suggest you breeze through Title 17 USC where you'll find that one of the...

I know the government didn't secure rights to publish the work on a stamp and didn't obtain a work-for-hire agreement. That much is obvious.

groucher also said: "I don't see any justification for paying royalties on songs written 40 years ago when they are played on the radio or issued on some new media."

You do understand that someone...

That's the way it's working now—the artist gets paid, the nation gets a monument. If then nation needs a monument AND a stamp, I'm sure that could have been arranged, but it wasn't.

groucher said: "This artist made an obscene amount of money for doing next to nothing"

Next to nothing? Really?

He gained insight into his subject by serving 17th Airborne Division during World...