Gaylord, who is a renowned artist, created a sculpture of a column for the Korean War Veterans Memorial in Washington, D.C. Alli, a tourist, visited the memorial and snapped a picture. The US Postal Service chose his image for a stamp. Gaylord was never compensated or consulted. Gaylord sued for copyright infringement. The Federal Circuit had previously held that the photograph was an infringement and that the US Postal Service’s use did not constitute fair use. In this opinion, the Federal Circuit affirmed the Claims Court damages award of $540,000 or 10% per-unit.