by Lloyd A. de Vries
What were they thinking? Awarding $3.5 million dollars to the sculptor of a Las Vegas replica of the Statue of Liberty, because the U.S. Postal Service used a photograph of it on a stamp.
I’m often critical of the USPS, but this decision makes no sense to me. The justices say the agency made $2.1 billion from the sale of 4.9 billion stamps. That’s the gross, at 44 cents per stamp. The printing cost is a small fraction of the selling price, but a stamp represents a payment, whether it’s a tax on alcohol or playing cards, or, in the case of postage stamps, for delivering a piece of mail.
Stamps like this one are called definitives, and are the workhorses of postage stamps: Unlike stamps for celebrities or ice pops or other pop culture, which are aimed at collectors and aficionados of the subjects, definitives are intended to carry the mail. Yes, first-class mail service shows a profit, but not 43 cents out of 44!
Perhaps Judge Eric Bruggink’s dog was bitten by a mailman.
Most of us would be thrilled to see our work on a postage stamp, nationally distributed through more than 30,000 retail outlets and ending up in millions of homes and businesses.
Davidson and his attorney were no doubt encouraged by another sculptor’s successful lawsuit against the USPS. He created a sculpture for the Korean War Veterans Memorial on the National Mall in Washington. The USPS showed the sculpture — which was commissioned and purchased by the U.S. Park Service — on a stamp, the artist sued, and the USPS was ordered to pay damages.
Did Davidson pay royalties to the Park Service for his version of the Statue of Liberty? No, of course not. Legally, he is not required to do so. A purely federal agency like the Park Service can’t copyright anything. (The Postal Service is a corporation owned by the government, and therefore can claim copyrights.) Parody — such as a half-size replica using your mother-in-law’s face — is also protected from copyright.
Apparently, the USPS was faulted by the Federal Claims Court not so much for using the wrong image, but for not immediately pulling the stamp off sale and out of its tens of thousands of retail outlets.
The mistake, as well as other incorrect stamp designs (the wrong African-American cowboy’s picture, putting the Grand Canyon in the wrong state, and, of course, the Korean War Veterans Memorial stamp), are affecting my part of stamp collecting: The USPS now triple-checks everything, runs it all past attorneys, then triple-checks everything again, and first day cover collectors and servicers are getting information about new issues later and later. “Even though George Washington had no children of his own, have we checked all the descendants of his stepdaughters to see if we have permission to use ‘Washington’ in a postmark?”
The Postal Service is everyone’s favorite whipping boy. It’s even part of our lexicon: “The check is in the mail,” we say, when it really hasn’t even been written.
Conservatives in particular love to attack the Postal Service. They would like to see it privatized, as in other countries, although it hasn’t always worked well. The U.S. Constitution requires that the federal government provide mail service. The USPS also delivers to every address in one of the biggest countries in the world, and for far less than most other countries’ postal agencies.
Listen to what Judicial Watch, a conservative foundation which has described climate science as “fraud science,” had to say about this case:
“Even for the beleaguered U.S. Postal Service (USPS), a bastion of mismanagement, this appears to be a new low…
“Profiting from an artist’s stolen work is simply the latest of many transgressions committed by the USPS in recent years.”
In the article, Judicial Watch calls the USPS “a perpetually troubled government agency notorious for its egregious spending sprees and dire financial woes” and “a bastion of mismanagement.”
Ouch!
But even the liberal Washington Post couldn’t help smirk about the decision. Three days after running the just-the-facts-ma’am Associated Press story, a WaPo “Post Nation” column played it as a soap opera.
“They met totally by accident … It was like the premise of a rom-com,” wrote Avi Selk, referring to a romantic comedy.
Even non-collectors have come up to tell me, and perhaps chortle, about the USPS mistake that may cost it $3.5 million.
I hope it doesn’t. I hope the U.S. Postal Service appeals the decision, or at the very least, sues Getty Images (to whom it paid $1,500 for use of the photograph on the stamp) for failing to label it properly.
And when Judicial Watch or the Washington Post wonder why its mail is taking longer to arrive, someone will point out the USPS had to cut corners somewhere to come up with that $3.5 million.
Good thing I didn’t print my
I re-edited the photo. Putting back the bystanders on the sides not only increased the width, it also decreased the height of the picture. The result (also a mock-up) is shown in Figure 2.
No, no, discretion is the better part of valor. I’ll use a different design for the dual-canceled Dragon Cards.
The following year, Mellone and Ripley called the AFDCS show “Americover.”
The pieces were always written for a mass audience, not stamp collectors, and rarely used philatelic jargon. In fact, they rarely used “philatelic” — making it hard to talk about the bigest stamp collecting organization in the U.S., the American PHILATELIC Society! It was kept to one minute, so that commercial radio stations would run it.
Although Canada Post produces its own cachets, such as the one shown on the right, it is possible for individuals to submit their own covers.
On the left is shown a Dragon Card produced by me for the same issue and submitted to Canada Post for servicing.
Canada Post will not cancel covers that “bear foreign postage or previous cancellations.” That means no combination FDCs with another country’s stamps, such as the 1999 U.S. Star Trek stamp (Sc. 3188e). Earlier Canadian stamps are acceptable for combos.
Canada strongly prefers that its stamps be in the traditional upper right corner, but is flexible.
Post.
Each country is handling this differently: The USPS told us in advance there would be 16 stamps, and one would be “unveiled” each weekday starting April 4th. Canada Post has not told us how many “Star Trek” stamps there will be, and the “unveilings” are at no set interval. The USPS Parks are announced in a press release; Canada Post seems to be creating “photo ops” for each announcement.
My first reaction (kept mostly to myself) was, “Aw, c’mon, just give us the *(&^@! information.” But as we’ve gone along with the announcements, and posted them one-by-one on
Show-New York 2016, at which the stamps are being issued. I was wrong on both, although I was fairly sure Yellowstone would be the 16th subject announced, and it was.
When I saw that one of the Canadian stamps would show “Star Trek” star William Shatner, a Canadian, I was also fairly sure another Canadian in the cast, James “Scotty” Doohan would be honored, and I was right. The Spock (Leonard Nimoy) stamp made me suspect a DeForrest Kelley stamp was coming; it is.
My mother, Sally de Vries, passed away on February 9, 2016, after a battle with cancer. She was two weeks short of her 89th birthday.
The 1939 New York World’s Fair stamps was the first ArtCraft cachet.
“We certainly want to maintain that connection with our heritage and our legacy,” added co-owner Tim Devaney. “It began with engraving, we still use engraving as an integral part of our product.”
In a 1973 interview for the American First Day Cover Society archives, the brother told interviewer Curtis Patterson they couldn’t afford to license the use of the fair’s symbols, the Trylon and Perisphere.
Woodbury printed every ArtCraft cachet from that first issue through the West Point issue in 2001 (Sc. 3560).
The January announcement only affects ArtCraft Cachets for new issues. “Contrary to rumors currently circulating, Washington Press [the publishing arm of Washington Stamp Exchange] is not going out of business,” Devaney told The VSC in e-mail. The press release amplified that, saying that the company would continue to sell back issues, stamps and other collectibles, and produce White Ace stamp albums and StampMount mounts.
Thoughts:
More and more U.S. new issues (and those of other countries) depict commercial properties, such as celebrities, cartoon characters, and other pop culture. Their likenesses and sometimes even names should not be used without obtaining (i.e., buying) a license. Most collectors, especially non-philatelists, don’t want a generic design, they want to see Han Solo or Professor Dumbledore or 1948 Ford F-1 pickup or whatever. An individual cachetmaker producing a few dozen FDCs might get away with violating a copyright; a commercial entity producing thousands is more of a target.
ArtCraft was also slow to adopt color. Collectors began to favor hand-painted and –colored cachets or those produced using color inkjet computer printers.
This has nothing to do with stamps, unless I throw in that Great Britain earlier this year issued Star Wars stamps to commemorate (hype?) the new film The Force Awakens. (Illustration of one is on the right.)
Check. One last remaining Jedi, living alone in a remote location? Check. Good-guy fighter pilots, shown in closeup wearing orange jump suits? Check. The top, ultimate leader of the Bad Guys who is deformed and makes Lord Voldemort look like a male model? Check. Faceless soldiers in white plastic armor? Check. I mean, it’s 30 years later: What are the chances this New Order is going to have exactly the same armor and officers’ uniforms as the old evil Empire that is in the earlier films?



