Cooper-Lecky Government Opinion

8/14/2019 Cooper-Lecky Government Opinion

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EXHIBIT A

Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 1 of 47


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CERTIFIED MAIL -RETURN RECEIPT REQUESTEDFebruary 23,2000

Contracting Division

SUBJECT: Contract No. DACA3 1-90-C-0057, Korean War Veterans' MemorialCopyrightsMr. William P. LeckyCUH2A, L.L.P. fMa Cooper-LeckyArchitects, P.C.

1000 Potomac Street, NWWashington, DC 20007-3528Dear Mr. Lecky:

This Contracting Officer's Decision is a determination relating to assertions ofcopyright in elements of the Korean War Veterans' Memorial (KWVM or Memorial)by Cooper-Lecky Architects (hereinafter "Cooper-Lecky," "contractor," or "you"), itssuccessors and assigns, and subcontractors performing work on the KWVM. Byletter dated December 7, 1999, the U.S. Army Corps of Engineers (the Corps)outlined its position on the issue and offered a resolution (Tab 3).' That letter wasreceived in the offices of CUH2A, L.L.P./Cooper Lecky Architects, P.C., onDecember 8, 1999 (Tab 4). Although the letter requested action within fifteen (15)days, as of this date, Cooper-Lecky has not responded.

It appears that a dispute has arisen regarding the copyright issues relating tothe KWVM. The cumulative and potential impacts upon the Government and thepublic resulting from the contractor's position on these issues make it necessary toissue findings of fact and a determination on these copyright issues pursuant to theterms of your contract and the applicable law.

By contract DACA3 1-90-C-0057 (the contract) dated April 11, 1990, Cooper-Lecky was awarded the architect-engineer (ME) contract for design and constructionof the KWVM. One of the principals of that firm waslis Mr. William Lecky. The1 Tabs are referenced in accordance with the requirements of the Eng ineer Federal AcquisitionRegulation for a potential appeal file with the first two tabs reserved for a Notice of Appe al, in theevent of an appeal, and for this Contracting Officer's Decision. Copies of the tabs are not attached tothis Contracting Officer's D ecision. How ever, all tabs refer to contract docum ents that should bewithin you r contract file.

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KMVM, located on the Mall in Washington, DC, was authorized by Congress in 1986to honor members of the U.S. armed forces who served in the Korean War, and toeducate the public about their sacrifice.

1. The contractor has not certified a contract claim in this matter. However, thecontractor has taken (and permitted others to take) actions inconsistent with theprovisions of the contract, giving rise to what can be described as an affirmativeclaim of the Government to address issues of copyright in the KWVM.2. Several letters from Cooper-Lecky (and its successors) assert intellectual propertyinterests in the KWVM. The first of this correspondence is a letter to the NationalPark Service, National Capital Parks-Central Division (NPS) from Korean WarVeterans Memorial Productions, Inc., dated December 2 1, 1995.~ his letter, signedby Mr. Lecky, purports to give NPS authorization to use images of the KWVM inNPS publications, but requests the opportunity to review any future writteninformation relating to the KWVM prior to publication (Tab 5).3. A letter from Cooper-Lecky, dated July 25, 1997, signed by Mr. Lecky asPresident of KWVM Productions, Inc., again complains to NPS regarding thebrochure distributed at the ~ ~ ~ ~ . k o o ~ e r - L e c k ~aintains that "KWVMProductions, Inc. holds the copyright on all aspects of the Memorial and must grantapproval for any use of images of the Memorial" (Tab 6).4. A third letter from CUH2A, L.L.P., dated May 26, 1999, again signed by Mr.Lecky, claims that, "[Cooper-Lecky Architects] ha[s] a copyright on all imagesrelated to the Korean War Veterans Memorial" (Tab 7).4

1. This is a Department of the Army contract and thus is subject to the FederalAcquisition Regulations (FAR), the Department of Defense FAR Supplement(DFARS), the Army FAR Supplement (AFARS), and the Engineer FAR Supplement(EFARS) in effect at the time the contract was drafted. The solicitation for thiscontract occurred in 1989.

Korean W ar Veteran's Mem orial Produc tions, Inc., is, of course, not the prime contractor undercontract number DAC A31-90-C -0057. Nevertheless, this entity appears to be operating under thedirection of Mr. William Lecky , one of the principals of the contractor.3 KW VM Productions, Inc., appears to be the same entity as Korean W ar Ve teran's MemorialProductions, Inc.4 It is believed that CUH 2A, L.L.P., is a successor firm to Cooper-Leck y A rchitects, P.C., in the sensethat the firm now doe s business as CU H2 A, L.L.P. How ever, it does not appear that Cooper-Leck yArchitects, P.C., was ever form ally dissolve d, and there was never a novatiin of the contract tosubstitute CUH2 A, L.L.P.. as the replaceme nt contractor on this project.

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2. Clause 1.37 of the contract (DFARS clause 52-233-0001) expressly states that thiscontract is subject to the Contract Disputes Act of 1978. This dispute involvingcopyrights is a "claim" as defined by subsection (c) of the clause (Tab 8).3. The contract contains two clauses that expressly discuss the issue of copyright inthe KWVM. Clause 1-29 is entitled "Drawings and Other Data to Become Propertyof Government" and states:

"All designs, drawings, specifications, notes and other worksdeveloped in the performance of this contract shall become the soleproperty of the Government and may be used on any other designor construction without additional compensation to the Contractor.The Government shall be considered the "person for whom thework was prepared" for the purpose of authorship in anycopyrightable work under 17 U.S.C. 201(b). With respect thereto,the Contractor agrees not to assert or authorize others to assert anyrights nor establish any claim under the design patent or copyrightlaws. The Contractor for a period of three (3) years aftercompletion of the project agrees to furnish all retained works onthe request of the Contracting Officer. Unless otherwise providedin this contract, the Contractor shall have the right to retain copiesof all works beyond such period."5

4. The other copyright clause is found in Clause 1-28 of the contract. This clause,entitled "Government Rights, Unlimited," states:

"The Government shall have unlimited rights, in all drawings,designs, specifications, notes and other works developed in theperformance of this contract, including the right to use same onany other Government design or construction without additionalcompensation to the Contractor. The Contractor hereby grants tothe Government a paid-up license throughout the world to all suchworks to which he may assert or establish any claim under designpatent or copyright laws. The Contractor for a period of three (3)years after completion of the project agrees to furnish the originalor copies of all such works on the request of the Contracting~ f f i c e r . " ~

5. The term "works" is not specifically defined in any clause that was included in thissolicitation. However, the term "works" is clearly defined by related DFARS clausesas including "literary, musical, and dramatic works; pantomimes and choreographicworks; pictorial, graphic and sculptural works; motion pictures and other audiovisualworks; sound recordings; and works of similar nature. The term does not include

This clause is the March 1979 version of DFARS 252.227.7023. It is the version in effect in 1989.This clause is the March 1979 version of DFARS 252.227.7022. It is the version in effect in 1989.

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financial reports, cost analyses, and other information incidental to contractadmini~tration."~6. The DFARS instruct the Contracting Officer which clauses to use in a particularcontract, including guidance on policy and procedures pertaining to data, copyrights,and restricted designs unique to the acquisition of construction and architect-engineerservices. In fact, DFARS 227.478-2 specifically addressesAIE services for amonument or memorial, stating: "When the purpose of a contract for architect-engineer services is to obtain a unique architectural design of a building, a monumentor construction of similar nature, which for artistic, aesthetic, or other special reasonsthe Government does not want duplicated, the Government may acquire exclusivecontrol of the data pertaining to design by including the clause at 252.227-7023,Drawings and Other Data to Become Property of Government, in solicitations andcontracts."'7. Generally, copyright protection is not available for any work authored by theUnited States Government. However, the United States Government is not precludedfrom receiving and holding copyrights transferred to it by assignment, bequest, oro t h e r ~ i s e . ~8. On April 11, 1990, Cooper-Lecky was awarded contract number DACA3 1-90-C-0057 for the design and construction of the KWVM. With 19 subsequentmodifications, the total value of the contract is $5,432,098.00.9. Notice to Proceed was also issued to Cooper-Lecky on April 11, 1990 (Tab 9).10. The preliminary KWVM design provided to Cooper-Lecky pursuant to thecontract was a concept initially devised as an entry in a nationwide contest sponsoredby the American Battle Monuments Commission (ABMC). However, for severalreasons, the preliminary concept was not practicable and required revision.11. Pursuant to the AIE contract, Cooper-Lecky refined the preliminary designconcept of the KWVM. Changes to the preliminary conceptual design were reviewedand approved by ABMC, the Commission of Fine Arts (CFA), National CapitalPlanning Commission (NCPC), National Capital Memorial Commission (NCMC),and various other groups before the final design was approved and construction couldbe initiated.12. During the design processes, Cooper-Lecky retained subcontractors to assist withcertain components of the KWVM. Although the Corps was not a party to thosecontracts, it is known that Cooper-Lecky hired Mr. Frank Gaylord to design thesculptures, and Mr. Louis Nelson to design the mural wall of the KWVM.

This definition is found in identical clauses in DFARS 252.227-7020(a) and DFARS 252.227-7021(a), March 1979 version (in effect in 1989).

This is the 1989 version of DFARS 227.478-2(a)(l)(ii).17U.S.C. S 105.

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13. Construction of the KWVM comm enced in 1993.14. Sinc e 19 94, at least five separate copyrigh t registrations (described in theSum mary of Claims) hav e been filed on behalf of Cooper-Lecky and itssubcontractors with the United States Co pyrig ht Office. The se registrations relatedirectly to work performed u nder contract D AC A3 1-90-C-0057."15. Th e first of the registrations, Copyright Office num ber VAu 326-676, w asdocketed December 30, 1994. Apparently, this registration filed by Cooper-Lecky,purports to copyright the design of the KW VM and the site plan drawing (Tab 10).16. Registration number VA u 326-679 , also filed Decem ber 30, 1994, by Coope r-Lecky, again claim s copyright in the design of the K WV M, and also claims copyrightin a scale mo del of the Memo rial (Tab 11).17. A third Cooper-Lecky, registration is VAu 327-755, dated July 25, 1995. Thisregistration cla ims copyrigh t in an adaptation of a sho rt phrase by the Se cretary ofDefense that is inscribed part of the KW VM (Tab 12).18 . In VAu 402-655, Mr. Louis Nelson, the Coo per-Lecky subcontractor whodesigned the mural wall, asserts a copyright in the mural wall of the KW VM . Theeffective date of this registration is March 13, 1995 (Tab 13).19. The sculptor, Mr. Frank G aylord, filed a registration that references not only thestainless steel sculptures he designed, but also m ight be construed to assert claims forthe mural wall, and the pool of remem brance. Th is registration is effective July 17,1998, and is numbered VA u 447-698 (Tab 14).20. Furtherm ore, the Corps is aware that there is an organization incorporated in theDistrict of Colum bia called the "General Rich ard G. Stilwell Korean Wa r VeteransMem orial Foun dation" (RGSK WV NIF) that is apparently asserting copyrightsderived under this contract. Although th is is not an entity that has contractual privitywith respect to the KW VM , its board of directors includes William Leckey [sic],Frank Gaylord, and Louis Nelson.2 1. RG SK W VM F operates a website that make s broad copyright claims in theKW VM . On e webp age states, "The Foundation has been granted full control of allcopyrights pertaining to an y products m arketed for profit that depict any part of, orthe entirety of, the Mem orial. In exercising copyright, the Foundation may authorizethird party marketing or restrict m arketing to itself."22. Another webpage on the RGS KW VM F site states, "The RGS KW VM F holdscopyright contr ol over any and all depiction s of all or any part of the KW VM . Any'O Library of Congress Copyright Office registration numbers: VAu 326-676, VAu 326-679, VAU327-755, VAu 402-655, and VAu 447-698.

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such use of copyright for profit by any ind ividual, business, or corporate entity thathas not been licensed to s o do, is a violation of copyright laws and they will beprosecuted for such. Help us prevent abuse of you r rights and notify the Fou ndation ifanyone tries to use our Mem orial to benefit themselves!" (Tab 15).23. At this time, neither the contractor nor the subcontractors have filed a claim forcopyright infringement with the C orps, ABM C, or NPS, and it is not known whetherinfringement actions have been brought ag ainst any other persons or organizations.24. The KW VM was dedicated and opened to the public on July 27, 1995, the 42ndanniversary of the armistice that ended the Korean W ar.25. Th e NPS is responsible for the operation and manag ement of the KW VM .26. With the exception of $44 7.16 that is still held by the Government, Cooper-Lecky has been paid for its work performed under this contract. Despite request,Coop er-Lecky ha s refused to execu te the release needed to effectuate the finalpayment (Tab 16, Tab 17, Tab 18).27. In an effort to resolve this dispute, the Contracting O fficer wrote to the contractorin a letter dated Decem ber 7, 1999 (Tab 3). At that time, the contractor wasinstructed to cease its assertions of copyright an d was directed to execute assignm entsof the copyright registrations in favor of the Govern me nt." Th e contractor electednot to respond to that letter at all.

ANALYr s1. Th e assertions of copyright by Cooper-Lecky, and those who would presume toderive copyright from w ork performed un der this contract, clearly violate the expressterms of the contract.2. The contracto r's (and subcontractors') copy right claim s have the potential toadversely affect the Co rps, its customer (AB MC ), and the agency that maintains andoperates the KWVM (NPS).3. As demo nstrated in the letters written by the contractor, the copyright claims maypresent obstacles to the effective administration of the KW VM , and impede themission and operation of the KW VM . Th e suggestion that someone other than theGovernm ent can determine the nature and exten t of dissemination of images of theKWV M has no basis in the language of the contract.

I I As noted herein, several of the registrations are in the names of subcontractors and not thecontractor, Cooper-Lecky. However, it is apparent that all these registrations were undertaken with theapproval of Cooper-Lecky and in fact may have been assigned to a successor to Cooper-Lecky or theRGSKWVMF. Therefore, it seems clear that the contractor or the principals of that firm are i n aposition to procure the execution of all the copyright registration assignments.

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4. Furthermore, the KWVM was constructed for the use of the public, using bothappropriated and non-appropriated funds. The copyright claims asserted by Cooper-Lecky and its subcontractors unreasonably and unfairly impact the end users of theMemorial, inhibit NPS's ability to interpret the Memorial, and produce a chillingeffect on the public's ability to use the KWVM as intended.

5. Clause 1-29 (Drawings and Other Data to Become Property of Government)expressly states that the contractor shall neither assert nor authorize others to assertany rights nor establish any claim under the design patent or copyright laws.Nevertheless, that is exactly what Cooper-Lecky has done.6. In accordance with the contract terms, Cooper-Lecky was paid for its services andwork on the KWVM, and the Government was given exclusive control over the data,design, and the completed work of the KWVM. The contract clauses ensure theGovernment's unlimited rights to the KWVM and prevent the contractor orsubcontractors from restricting the Government or the public's use of the KWVM.7. The contractor having taken an action that is proscribed by the contract, anappropriate remedy is to execute assignments of the improperly registered copyrightsto the Government, so that they may remain in the public domain as intended.Cooper-Lecky (or its successor) shall assign its copyrights in the KWVM to theGovernment, and enlist its subcontractors to do the same.8. The enclosed forms should be executed by each of the entities purporting to holdcopyrights for each of the above referenced registrations. If there are additionalcopyright registrations on the KWVM, or if any of these registrations have beenassigned to another entity, that information shall be conveyed to the ContractingOfficer.9. I further find that, to the extent the copyrights have not already been assigned tothe Government, Clause 1-28 of the contract, "Government Rights, Unlimited," grantsthe Government an unlimited license with respect to any copyrights derived of theKWVM. '~Therefore, neither the contractor nor the subcontractors have ever had abasis to attempt to restrict the Government's use of the KWVM.10. In the event these copyrights are not assigned in accordance with this ContractingOfficer's Decision, the Government may initiate proceedings in Federal Court forappropriate judicial relief, and make the appropriate recommendations on the ACASSevaluation(s) for Cooper-Lecky and the firm's principals.11. The contractor, and all others who might purport to derive copyrights withrespect to work performed under contract number DACA3 1 90-C-0057, shallimmediately cease and desist any communication or suggestion to the public or to anyl 2 The Government challenges the validity of these copyright registrations. As directed by the disputesclause of the contract, this issue is addressed at this time in this Contracting Officer's Decision ratherthan suits in Federal Court.

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Government agency to the effect that there is a copyright on the KWVM or any

This is the final decision of the Contracting Officer. You may appeal thisdecision to the Armed Services Board of Contract Appeals, Skyline Six, 5 109Leesburg Pike, 7th Floor, Falls Church, VA 22041. If you decide to appeal, you mustmail or otherwise furnish written notice thereof to the Armed Services Board ofContract Appeals within 90 days from the date you receive this decision. A copythereof shall be furnished to the Contracting Officer from whose decision the appealis taken. The notice shall indicate that an appeal is intended, shall reference thisdecision, and shall identify the contract by number. With regard to appeals to theArmed Services Board of Contract Appeals, you may, solely at your election, proceedunder the Board's small claims procedures for claims of $50,000 or less or itsaccelerated procedure for claims of $100,000 or less. In lieu of appealing to theArmed Services Board of Contract Appeals, you may bring an action directly in theUnited States Court of Federal Claims within 12 months of the date you receive thisdecision.

Sincerely,

William RyalsContracting OfficerU.S. Army Engineer District,

Baltimore

EnclosureCopy Furnished:Colonel Dale F. Means, American Battle Monuments CommissionWilliam Aileo, EsquireArnold Goldstein, Superintendent, NPSThomas McConnell, NPSAlton Woods, Esquire, Department of Interior Solicitor's OfficeJosepha O'Malley, Esquire, Department of Interior Solicitor's OfficeFrank C. GaylordLouis NelsonRupert Jennings, HQUSACEJoseph J. Cox, CENAD-OCRichard Frenette, HECSAJon Sadler, CENAB-PP-MJeff Lorenz. CENAB-OC KORNREICHICENAB-0DAVISICENAB-OC ?$ kc

KINGSLEYICENAB-OCCRYALSICENAB-CT kc lL 2 7 @"d

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DATE

December 7, 1999December 8, 1999December 2 1, 1999July 25, 1997May 26, 1999

April 11, 1990

November 3, 1997March 8, 1999November 7, 1997

Contracting Officer's Decision (Reserved)(Reserved)Letter to Cooper-Lecky from Contracting OfficerCopy of green card, certified mail receiptLetter to NPS from Korean War Veterans Memorial Productions,Inc.Letter to NPS from Cooper-LeckyLetter to NPS from CUH2A, L.L.P.Clause 1.37, p 1-53 of Contract, disputes clauseNotice to ProceedCopyright Office registration number VAu 326-676Copyright Office registration number VAu 326-679Copyright Office registration number VAu 327-755Copyright Office registration number VAu 402-655Copyright Office registration number VAu 447-698RGS KWVNZF webpagesLetter accompanying release sent to Cooper-LeckyLetter accompanying release sent to Cooper-LeckyResponse letter from Cooper-Lecky

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CERTIFIED MAIL - RETLJRN RECE IPT REQU ESTEDDecember 7, 1999

Contracting DivisionSLB JEC T: Contract No. DACA 3 1-90-C-0057, Korean War Veteran's Mem orialCopyrights

Mr.William P . LeckyCWH2A, L. L.P . flkla Cooper-LeckyArchitects, P.C .1000 Potomac Street,NWWashington, DC 20007-3 528Dear Mr. Lecky:

It has recently com e to my attention that you have registered co pyright interests inthe Korean War Veterans Memorial (hereinafter referred to as "K W V M ). In letters tothe National Park Service (NPS) from Cooper-Lecky Architects, P. C . (Cooper-Lecky),dated Decemb er 21, 1995, Korean W ar Veterans Mem orial Productions, Inc., dated July27, 1997, and CH U2A , L.L.P., dated May 26, 1999, you claim that these various entitieshold copyright on "all images related to the Korean War Veterans Memo rial." Theaforementioned corresponden ce asserts that NPS "rangers at the site alert people to thefact that there is a copyright on the design and approval must be granted to anyo newishing to use film, photographs o r drawings of the Memo rial" and maintains thatKorean War V eterans Memo rial Productions, Inc., must grant approval for any use ofimages of the KWVM. You r corresponden ce has also requested that literature distributedby NPS be pre-approved by your firm. Correspondence of this nature from your of ic emust cease.

You r copyright assertions are inconsistent with the terms and provisions of theArchitect-Engineer contract between C ooper-Lecky and the U.S. Army Engineer D istrict,Baltimore (hereinafter referred to as the "Contract"). In fact, NPS officials at the KW VMmay not have been apprised of the Co ntract's c opyright provisions until quite recentlywhen the Baltimore District was asked to respond to your letters. The Contract,numbered D ACA 3 1-90-C-00 57 and dated April 11, 19 90, clearly and firmly add ressesthe issue of copyright in the KW VM . The copyrigh t assertions you have made, and therestrictions you w ould pu rport to place upon the Go vernmen t and third p arties, areinaccurate and collide squarely with the express terms o f the Contract. To aid in yourunderstanding o f the Governm ent's rights in the KWVM , I direct your attention to tworelevant clauses on page 1-41 of the Contract. Clause 1-29 is entitled "Drawings andOther Date to Become Property of Governm ent" and states:

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"All designs, drawings, specifications, notes and other workshe loped in the performance of this contract shall become thesole property of the Government and may be used on any otherdesign or construction without additional compensation to theContractor. The Govemment shall be considered the 'person orwhom the work was preparedJJor the purpose of authorship in anycopyrightable work under 17 U S .C. 201(b). With respect thereto,the Contractor agrees not to assert or authorize others to assertany rights nor establish any claim under the design patent orcopyright laws. The Contractor or a period of three (3) years aftercompletion of the project agrees tohmish all retained works on therequest of the Contracting OfJicer. Unless otherwise provided inthis contract, the Contractor shall have the right to retain copies ofall works beyond such period. " [Emphasis added.]Un der this provision, it is clear that Cooper-Lecky (or its subcon tractors) can notassert valid copyright interests in the KWVM even if those interests might otherwise becopyrightab le in the absence of the Contract. Nevertheless, at this time, we are nowaware of several copyrights registered by Cooper-Lecky and its subcontractors. Please beadvised that these and any other KWVM copyrights are registered in violation of theexpress terms of the Contract.Furtherm ore, th e Contract contains an additional provision relating to copyright inClause 1-28 (Government Rights, Unlimited), that states:

The Government shall have unlimited rights, in alldrawings, designs, specifications, notes and other works developedin the performance of this contract, including the right to usesame on any other Government design or construction withoutadditional compensation to the Contractor. The Contractor herebygrants to the Govemment a paid-up license throughout the world toall such works to which he may assert or establish any claim underdesign patent or copyright laws. The Contractor or aperiod ofthree (3) years after completion of the project agrees to urnish theoriginal or copies of all such works on the request of theContracting OfJicer." Em pha sis added.]In accordance w ith the C ontract terms, Cooper-Lecky was paid for its servicesand work on the KW VM , and the Government wa s given exclusive control over the data,design, and the completed work of the KWVM . The contract clauses are intended toensure the Governm ent's unlimited rights to the KWV M and to prevent the contractor (orsubcontractors from restricting the public's access to or use o f the KW VM .

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Hav ing now received information that Cooper-Lecky and its subcontractors haveinappropriately registered certain copyrights, we must take action to e nsure that allelements of the KW V M remain in the public domain. W e can resolve this issue throughassignmen ts of the copyright registrations to the Government. At this time, w e are awareof five separate registrations filed on behalf o f Cooper-Lecky, Mr. Frank Gaylord, andMr. Louis Nelson (Library of Congress Copyright O fi ce registration numbers: VAu326-676, VA u 326-679, VAu 327-755, VAu 402-655, and VAu 447-698). Thes ecopyright registrations need t o be assigned to the United States.

The enclosed form s should be executed by each o f the entities purporting to holdcopyrights for each of the above referenced registrations. If there ar e additionalcopyright registrations on the KW VM , or if any of these registrations ha ve been assignedto another entity, that information shall be conveyed to the Contracting O fficer.Yo ur im mediate attention and anticipated assistance in this matter is appreciated.Enclosed you will find the assignment forms to be executed and returned to the BaltimoreDistrict. It is my sincere hope that this issue can be resolved amicab ly and quickly, andyour reply is requested within 15 days fiom th e date of this letter. In the event that thismatter is not resolved quickly, I am prepared to issue a Contracting Officer's decision.Questions o r concerns relating to this issue may be directed to the undersigned.

Sincerely,

William RyalsContracting OfficerU. S. Army Engineer D istrict,BaltimoreEnclosureCopy Furnished:Colonel Da le F. Means, Am erican Battle Monuments Com missionWilliam Aileo, EsquireArnold Goldstein, Superintendent, NPSThom as McConnell, NPSAlton Wo ods, Esquire, Departm ent of Interior Solicitor's OfficeJosepha OYMalley,Esquire, Departm ent of Interior Solicitor's Office

CERTLFlED MAIL -RETURN RECEIPT REQU ESTED

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Rupert Jennings, Esquire (HQUSACE)Mike Adams, Esquire (HQUSACE)Joseph Cox, Esquire (CENAD-OC )Richard Frenette, Esquire (HEC SA)Carl Jeffrey Lorenz (CENAB-OC)Jon Sadler (CENAB-PP-M )

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LORENZICENAB-OClX18 1 1MITCHELL, MAJICENAB-CTlXS6 17(i , / k c 7 ,-,FUFKINICENAB-CT/X2196 ,RYALSICENAB-CT-0-AElX3495 @%'7 7

ENCLS 5Cc :Rupert Jennings, Esq. (HQUSAC E)Joseph Cox, Esq. (NAD)Richard Frenztte, Esq. (HECS A)Jeff Lorenz, Esq. (NAB )Jon Sadler, Project Manager (NAB )Colonel Dale F. Means, American Battle Monuments Comm issionWilliam A Aielo, Esq., American Battle Monum ents Comm issionArnold Goldstein, Superintendent, NPS National Capital Parks - Central, National Park ServiceThomas McComell, Contracting NPS N ational Capital RegionAlton W oods, Esq., Department of Interior Solicitor's OfficeJosepha O 'Malley, E sq., Department of Interior So licitor's Office

Via Certzped Mail, Return Receipt R eque sted an d via F irst C1a.s.s Ma il

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Title of Copyrighted Wo rk: Korean War Veteran's Memorial, sculpturesCopyright ClaimantIAssignor: Frank C. GaylordCopy right Registration IVumber: VAu 447-698Effective D ate of Reg istration: July 17, 1998KNOW AL L MEN BY THESE PRESENTS that Frank C. Gaylord (heremafter "Assignor") in consideration of therights of the Government of the United States (heremafter "Assignee") acquired by virtue of the circumstancesunder whch the above entitled work was made, hereby:1. Represents that it is the holder of a copyright in the above referenced work, and that Assignor has not previouslyassigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than the~ o v ~ m m e n tf the united States,2 . Assigns. transfers, and quitclaims to Assignee, as represented by the Secretary of the Army. all Assignor's righttitte, and interest of every kind and nature in and to all copyrights, copyright licenses, and copyright interests ofevery kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now orhereafter in force and an y and all causes of action heretofore accrued in the Assignor's favor for infringement ofsuch copyrights, copyright licenses. and copyright interests of every kind and nature in the above referenced work,3. Agree to, upon written request from the Assignee at any time and from time to time hereafter, take any and allsteps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessaryor expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively inthe Assignee.In WITNESS WHEREOF the Assignor has caused this Assignment of Copyright to be signed in his individual namethis day of

Frank C. Gaylord

State of 11 SSCounty of }

On the above date known to me to be the individual described and whoexecuted the foregoing instrument duly appeared before me and acknowledged to me that the same is h s own actand deed.

(notary seal)(signature of notary public)My Commission Expires:

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Title of Copyrighted Work : Korean War Veteran's Memorial, mural wallCopyright Claiman tIAssignor: Louis NelsonCopyright Registration IVumber : VAu 402-65 5Effective Da te of Registration: March 15, 1995KNOW AL L MEN BY THE SE PRESE NTS that Louis Nelson (heremafter "Assignor") in con sideration of therights of the Government of the U nited States (heremafter "Assignee") acquired by virtue of the circumstancesunder which the above entitled work w as made, hereby:1. Represents that it is the holder of a cop yright in the above referenced work, and that Assignor has n ot previouslyassigned, transferred. or quitclaimed said cop yright in said work to any individual or entity other than theGovernment of the United States.2. Assigns, transfers, and quitclaims to Assignee, as represented by the Secretary of the A rn ~y , ll Assignor's right,title, and interest of every kind and n ature in and to all copyrights, copyright licenses, and copyright interests ofevery kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now orhereafter in force and any and all causes of action heretofore accrued in the A ssignor's favor for in fm ge m ent ofsuc h copyrights, copyright licenses, and copyright interests of every kind and n ature in the above referenced work,3. Agree to, upon written request from the A ssignee at any time and from time to time hereafter. take any and allsteps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessaryor expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively inthe Assignee.In WITNESS WHEREOF the Assignor has caused tlus Assignment of Copyright to be signed in his individual namethis day of .

Louis ~ e l G n

State of 33 S SCounty of 1

On the above date known to me to be the individual described and whoexecuted the foregoing instrument duly appeared before me and acknowledged to m e that the same is his own actand deed.

(notary seal)(signature of notary public)My Conlmission Expires:

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Title of Copyrighted Work: Korean War Veteran's Memorial, inscriptionCopyright ClaimantIAssignor: Cooper-Lecky Architects, P.CCopyright Registration Number: VAu 327-755Effective Date of Registration: July 25, 1995KNOW ALL MEN BY THESE PRESENTS that Cooper-Lecky Architects, P.C. (hereinafter "Assignor") inconsideration of the rights of the Government of the United States (hereinafter "Assignee") acquired by virtue of thecircumstances under which the above entitled work was made, hereby:1. Represents that it is the holder of a copyright in the above referen ced work, an d that Assignor has not previouslyassigned, transferred, or quitclaimed said copyright in said work to any individual or entity other tha n theGovernment of the United States,2 Assigns, transfers. and quitclaim s to Assignee, as represented by the Sec retaty of the Army, all Assignor's right,title, and interest of every kind and nature in and to all copyrights. copyrigh t licenses, and copyright interests ofevery kind and nature, and a ny and all renewa ls and exTensions thereof that may be sec ured under a ll laws now orhereafter in force and any and all causes of action heretofore accn led in the Assignor's favor for inffingem ent ofsuch copyrights, copyright licenses, and copyright interests of every kind and nature i n the above referenced work.3. Agree to, upon written request from the Assignee at any time and from time to time hereafter, take any a nd allsteps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessaryor e xpe den t in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively inthe Assignee.In WlTNESS WHEREOF the Assignor has caused this Assignmen t of Copyright to be signe d in its corporate nanleby its duly authorized officer and corporate seal to be hereunto affixed this day of .

(affix corporate seal) Cooper-Lecky Architects, P .C.

State ofCounty of

On the day of ,- before me personally cam e-to me known, who being by m e duly sworn, did depose and say he resides in that he is theof the corporation described in and w hich executed the above instrument; that h e known theseal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by orderof the board of directors of said corporation , and that he signed his name thereto by like o rder.


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Title of Copyrighted Wor k: Korean War Veteran's Memorial, scale modelCopyright Claiman t/Assignor: Cooper-Lecky Architects, P.C .Copyright Registration Num ber: VAu 326-679Effective Date of Registration: December 30, 1994KNOW ALL MEN BY THE SE PRES ENTS that Cooper-Lecky Architects, P.C. (hereinafter ' 'Assign of') inconsideration of the rights of the Govenunen t of the United States (hereinafter "Assignee") acquired by virtue of thecircumstances unde r which the abo ve entitled work was made, hereby:1. Represents that it is the holder of a co pyright in the above referenced work, and th at Assignor has no t previouslyassigned, transferred, or quitclaimed said copy right in said work to an y individual or en tity other than t heGovernment of the United S tates,2 . Assigns, transfers. and quitclaims to Assignee, as represented by the Secretary of the A nny, all Assignor's right,title, and interest of every kind and nature in an d to all copyrights, copyright licenses, and copyright interests ofevery kind and nature, and any and all re~lew als nd extensio ~ishereof that may be secured under all laws now orhereafter in force and any and all causes of action heretofore accrued in the A ssignor's favor for infringement ofsuch copyrights, copyright licenses, and copyright interests of every kind and nature in the above referenced work,3 . Agree to, upon written request from the A ssignee at an y time and from time to time hereafter, take an y and allsteps and execute, acknowledge and deliver to the A ssignee any and all further instruments and assurances necessaryor exped ient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests m ore effectively inthe Assignee.In W ITNESS W HEREO F the Assignor has caused this Assignnlent of Copyright to be signed in its corporate nanleby its duly authorized officer and corporate seal to be hereunto &xed t h ~ s day of ,

(affix corporate seal) Co op er-~ eck y rchitects, P.C.

State ofCounty of

On the day of ,- before me personally cameto me know n, who being by me d uly sworn, &d depo se and say he resides in that he is theof the corporation described in and which executed the above instrument; that he known th eseal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by orderof the board of directors of said corporation, and that he signed his name thereto by like order.

(signature of notary pub lic)(notary seal) My Com mission Expires:

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Title of Copyrighted Work : Korean War Veteran's Memorial, site planCopyright Claiman tIAssignor: Cooper-Lecky Architects, P.C .Copyright Registration Num ber: VAu 326-676Effective Date of Registration: December 30, 1994KNOW ALL MEN BY THESE PR ESENTS that Cooper-Lecky Archtects, P.C. (heremafter "Assignof') inconsideration of the rights of the Governmen t of the United States (heremafter "Assignee") acquired by virtue of thecircumstances under which the above entitled work was mad e, hereby:1. Represents that it is the holder of a copyright in the above referenced work, and that Assignor has not previouslyassigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than theGovernm ent of the United States,2. Assigns. transfers. and quitclainls to Assi p e e , a s represented by the Secretary of the A nny, all Assignor's r igh ttitle, and interest of every kind and nature in and to all copyrights, copyright licenses, and cop yright interests ofevery kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now orhereafter in force and any and all causes of action heretofore accrued in the Assignor's favor for lnfnnge men t ofsuch copyrights, copyright licenses, and copyright interests of every kind and nature in the above referenced work,3. Agree to, upon written request from the A ssignee at any time and from time to time hereafter, take any and allsteps and execute, acknowledge an d deliver to the Assignee an y and all further instruments an d assurances necessaryor expedient in order to vest th e aforesaid copyrights, copyright licenses, and copyright interests more effectively inthe Assignee.In WITNESS WHER EOF the Assignor has caused this Assignment of Copyright to be signed in its corporate nanleby its duly authorized officer and corporate seal to be hereunto affixed this day of .

(affix corporate seal) Cooper-Lecky Architects, P.C .

State ofCounty of

On the day of ,- before me personally cameto me know n, who being by me d uly sworn, dld depose and say he resides in that he is theof the co rporation described in and wh ich executed the above instrument; that he known theseal of said corporation; that the seal fi x e d to said instrument is such corporate seal; that it was so affixed by orderof the board of directors of said corporation and that he signed his name thereto by like o rder.


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--- NAB @I i .3KOREAN WAR VETERANS MEMORIAL PRODUCTION

Mr. Arnold GoldsteinU.S. Department of the InteriorNa t i o nd Park Service9UU Ohio Drive, SWWashington, DC 20242Re: k"WVM Productions, Inc.95001 .Dear m e ,This is in response to your letter on the KorMemorial. You may consider thishowever, like to ask two things in retum-

i1. W e would appreciate hav ing the opporlunity to any written information priopublication - just to en.wre the accuracy of events, histo

I2. We are trying to develop photo records, seasonal images, etc. of th e Memorial. G n we secure a por permit slip to allow our photographer acces to th e site? This would ideally be opn-cnded somuld shmt on short notice to catch a slnrise, or snow slorn'l, fog, etc.

Pleasegiveme a call when it's c o n v d e n t . Have a great holiday, and good luck with your publicatAs an inside, we have a good many photos that you are welcome to use if YOU need them. Seeyou soo-/--w

ccr. G r o l Highsmith ,

lCIfI0 POTOMAC STREET, NW WASHINGTON.DC 20007 TEL 202-333-2310 FAX 2G21



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. ,' .' ii: C O O P E R - L E C K Y

PlanningInterior D e s i g n

J u l y 25. 1997~ u p e & k n d e n tNational Capital Park - CenLTal900Ohio Drive, SWWahhington, D.C. 20024-2000De, SirI was s o m e w h a t surprised ye-starclay,.ulhiloat th e Kur-I War VeteransMemorial,to receive t.he endosed brOChu~e.MWe giving credit Co the sculptor (Frank Caylord)t~rrice nd the mura l i s t (Lou15 Nelson), your handout failed to mention Cooper-LeclcyArchitect..., the designers a n d arrhitetts fo r the overall memonal

IAfter working hard for iive long years to bring this memorial to budt ion and afterstruggling with our duechon d * L ~he sculptor and the mumlist, ignore crcdrtlngour contribut.ion is both awkward an d embarrassing - Li, sap nothing of illegal.IL"WVM production^, Inc. holds the copyright on all aspeca of t h c P m o r i a l s n dmust grant approval for any use of images of tho M e m o d 11w o k he first rendition of this handoul for the NPS Chat has apparen t ly becnupdated Your rangers at the s i t e alert-peopleto the fact that there ia a copyright onQe de~ign n d approval must. be grrlnkd to anyone wishing to use film,photographs, or drawings of t.he h4eruorial then yuu ignored t h i ~equirement foryour on- use.We do no t int.snd to take legal acfion,but we must insist that crediting be changedimmediately. Please forward a copy 6f your revised verbage for the handout a t yourcarliest conveniencs.Up to this point, we had been working closely tsfith your public relations st&. I can'timagine how t h i ~appened .without our involvement. Whoever wmte t h ieceelearly did not understand, that bath Gaylord an d Nelson were retained andcontracted by Coopc r *h ckyArchitmts. They ;??.workedndq our v e l y close directionthroughout the ld c of t h e design and construction.We look forward tp hear ing horn you m n .Very t r u l y ~ 0 ~ 6 ,

COOPER LECKY A~CH ITECTS ,PCW P S M W T ~ ~ :0W Potornac S l re s r , NW Washing(on. DC 200072021335-2310 Fax 202&33-6962R ICHMOND- 4215 Perk PI&.? Cbun Glen Allen, VA 23M0

804f f47 -6dBO Fax 8Mn47-6 55

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. 09/23 /99 TEU 08:12 FAX 703 696 6666il ABIC-WO ~ 0 0( F R I ) 6. 4 ' 99 3 4: 8/ST. 14.27,"NO. 4860803924 P 2- -

F;Pn TO:JorJ ma?

k:he Korean W y V c t m s MemorialI I

Probably two years 1 scnt.you n l m r of omplaint and galno esponse. Iam d l i n g again todaywith the same pr&l Hopefully, fhis ime I can get a11mswer.

CUrnA , LLPlam Poromoe Sheer. 1\%'Suke 903V a h p n , DC20001-9528Tsl 202 333SZ4P w 202333-6-l o ~ C U H U . a o m

7814 CarowdLawSui&399R i r k n d , VA

I am aMlcipl in of Cooper-Lecky Architects. We were lrc Architects for L11@ KoreanWarRecord for thc VI- VeteransMemorial. We havctl mpyxight on dl i rdarad 10 theKoreanWar Vetecm Memorial. The National Park Scrvice i sdirected [aUSby NPS p e r s o ~ e lt !he sib - requesting

Shortly aficr thoMe d e d i d o ~ ~ ,ouroffices published a harklout, printed in the Lhwsands,forready ac-s to the No onc callcd our offiasmqucdng outhorhdiun to rep~ducemages of

fnmlllar lw baekgroAs I said in ~ n y years ego, we arcnot proposing ra We a lawsuit. Thc unauthorized

dsome; we arcnd proposing to dclete thcm We are respecdully rquestingbe corrected. To say rhat it is embarrassing - to hkc friends and clietlts towhy we are no1 mentioned as the lead designers- s a mjorunderstate~lmlask us o wail anotherrwo yearsWoreThc namc bfthe fu m has c-d in the

appreciate a ~ 1 1 1 n response 10 dds letter within Lhc next two weeks.I thank you f a your cdopcration in maUcr. 1 anziously a mi t your call.

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within the scope and uder the t e r n of the contract, such as contractmod ifi cat ion s issued pursuant t o the Changes clause, o r fundi ng and otherecfn inis trati ve changes.

(End of clause)

DISPUTES (APR 1984)(a) This contract i s subject t o the Contract Disputes Act of 1978

(4 1 U.S.C. 601-613) (t he Act) .(b) Except as provided i n the Act, a l l disputes ari si ng under or re la t i ngto t h is cont ract shal l be resolved ud e r th is c lause.( c ) oQClaim,M s used i n th i s clause, means a wr it te n demand o r u r i t t e nassert ion by one of the contracting part i es seeking, as a matter of r ig ht,the p e m t of money i n a sun certain, the adjustment o r inte rpret at io n ofcontract terms, or other re l i ef a r is in g under or re lat ing t o thi s contract .

A c la im ar is in g uder a contract, unl i ke a claim rel at i ng t o that contract ,i s a clai m that can be resolved under a contract clause that provides forthe rel ief sought by the claimant. Hwever, a wri t t en demand or u ri t t e nassert ion by the Contractor seeking the payment of money exceeding $50,000i s no t a c laim uder the Act u n ti l c er t i f i e d as required by subparagraph(d)(2) below. A voucher, invoice, or othe r ro ut in e request fo r paymenttha t i s not i n disp ute when submitted is not a claim under the Act. Thesubmission may be converted t o a clai m wd er the Act, by conplying with thesubmission and ce rt if ic at io n requirements of th is clause, i f i t i s disputede i t he r as t o l i a b i l i t y o r ammt or is not acted upon in a reasonable time.

(d)( l) A c la im by the Contractor shall be made i n wr i t ing and submit tedt o the Contract ing Off icer fo r a wr i t ten decision. A clai m by theGoverrment against the Contractor sha ll be subject t o a w r i t t e n decision bythe Contracting Off icer.(2) For Contracto r claims exceeding $50,000, the Contrac tor s ha l l submit

w i th the c la im a cer t i f ica t io n that - -(i) he clai m i s made i n good fai th;(ii) upporting data are accurate and conplete to the best of the

Contractor 's knowledge and be li ef ; and(iii) he amount requested accurately reflects the contract adjustmentfo r nhich the Contractor believes the Gove rmn t i s Liable.(3)( i) I f the Contrac tor i s an ind iv idual , the cer t i f ica t io n shal l be

executed by that indiv idual.(ii) f the Contrac tor i s not an ind iv idual, the cer t i f i cat ion shal l be

executed by--(A) A senior carpeny of f i c i al i n charge s t the contractor 's plan t orloca tion involved; or(B) A n off icer or general partner of the Contractor having overallresponsib i l i t y for the c c d m t o f the Cont ractor 's a f fa i rs .(e) For Con trac tor claims of $50,000 or less, the Contracting Off icer

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11 April 1990R L F K I N / m - C CBARNES/G!NA&DDEContracting Division SrlVMANN/CFNAE+DEContracts Branch

Subject: Contract No. DACA31-90-C-0057Washington, DCMr. W. Kent Cooper, Principal.Cooper Lecky ~rchitects .C.1000 Potomac StreetSuite 301Washington, DC 20007Gentlemen:

In your revised proposal, dated 14 March 1990, youproposed a fee of $1,100,500.00 for Design and Related Studies inconnection with The Korean War Veterans Memorial, Washington,D.C. Your proposal is hereby accepted.You are hereby issued Notice to Proceed with the work. Anychanges in the scope of work or the exercise of any options foradditional work will be directed by the Contractinq Officer inwriting. You are cautioned that only the Contracting Officer maymake such chanqes, and that any additional work undertaken by youwithout the prior written authorization of the contractingOfficer is at your own risk.The subject Contract No. DACA31-90-C-0057, dated 11 April1990, covering the above work in the form prescribed for a firmfixed price Architect-Engineer Contract with necessary revisions,will be forwarded for your execution. Such formal contract willinclude all clauses required by the Federal Law, ExecutiveOrders, and the regulations and directives of the Department ofthe Army.

Sincerely,

Bernard E. StalmannColonel, Corps of EngineersContracting OfficerEnclosure

CF:F & ACOUNSELW. TAYLORCENAB-EN-MD

APPROP: 2102050 08-8012 P7000 S18-020COST CODE: RNO-221-1-899-80003 ($650,000.00)RNO-223-1-899-80003 ($450,000.00)

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Korean War Veterans I4emorislm o w s RAL- mes r , I I

! 4 \ a. Cooper lefkv A r c & p y t ~ P.C. 1 IW1. thh umxi?mPbnmrhwort r A OR' N A T [ Q N ~R WMICILPI R'S MNTiUUUTlONTO- 'workoubchrhlrr"? Nm d - .. - - tfUb8urmbmlnN

r i a l and drawing of s i t e ~1an.l I

1 -um e u i h cm v t h o r g l r a n h r p l a 2 . Yi.' 4 Cooper Lecky Archit c t s P.C.6ahbuawm 1000 Potomac Street, .W.1 Washington. D.C. 2 00 7: tr*-. - 1TRANSFERU ttr d&nmYm ) numd h -n in r 4e ;arrnt fmm the 8 u l W 9 ) nd FIEMlTrANCENUMBER AND OATII

b m ~ l ~ . r ~ M . ( * L n a t d h m U . ~ l ( ~ l ~ O - n N p o l h D o p ~ . v

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+-- NAB I - a ) 1 :)b.1RM VA!

I COPYRIQKCORI OFFICED E m A -RlWSUIi fD USEONLYW NOTWFUTEABOVE THIS LINE. IF YOU NEED YORESPICE.USEA SEPARATE@WWUA& WE=i ~ ~ t b n h W r o h a f a u u N . m h . d - y b n ~ & a &

, 0 w ND U ~ m ~ ~ a r b 3 i t s , - ~ h y b a ~ r r g b m d a n ~ i n ~ ~ h r ? ( ~ ~ ~ p . i . t r b t . ) rO T ) r 1 , 4 6 r 6 i n t ~ d b b n d a & p ~ l y ~ u l c d h u n p u b l i d w d E n a

Th"='-0 th e B n r rgpacltlan I ~ B d f t c dj Iht, u t t a r ns e t zbmnt. 1 5

1 ~ d & t i o n a l design of memorial; redesiqh and adapCation of t h n j - t i n y: w o e and c r e a t i on of the side ~ l a n . I

1CE G h maud ddrtda o hich rormplndmcr rbaut thin m F / p l i d i m shaukitw sent, N a r t w - ~ ~ S u w i ~ T

d t kh twak I dm t l i h l t n l h i s r pphbmd t h r t t h r r b h m ~ r m d r~ m c h I h L r p p b ~ ~ m m m c t b o ~ b n r d r n y L m o w l r d ~ ,1 w prbW IUUW mddrh If this 11 r pblirhcd wrk- lhis dale mutt b9 ho mr O kl mdunbtu f publfathn givm in s p & 3 - .

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FORMUNmD STATES IOHT OFFICE

w u n b w .,.--,, Des i gn of memorial, construction of., cale model.zkmdr&NAMH P UTHOR r I ,DATESt ~ s b mFurn-J mrwrBATHh.mdw.c 3,hhla contribution ta h e work a AUTHOR'S NATIONALITYO R DOMICILE S CCIN IR IBL~ ~N Dy, "w ok ma& f o r ~ " 7 - ( et b i U m u n m w i l. Y&nNOha.whI 0 Q O R I ~ ~ c ~ a - u r ? Y W O U W: *bdw-.- ,.- ~- NATURIGOF A m O R S H L P Brirfly d d b c wtrur uf~k a d a d y rhb authorh w@ rYpyright kw.NAhE U P AUTHOR 'I

: 1 13mm t r i b u hto th rwork 4 A m Q k ' S NAflONALfTYOR DOhUCILE" w o c ) ; ~ f o t h L r " ? - d wU t f r c n d C .

a D NO: l o - Domidkd ln F. .NATURB OFAWORSHIP B a y wxik of tht numirland bythb muthor in

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-- --i EEEb A c v olcomunorr crmpkumh .P?rb a Z Z Z ' Z E L ~ O *n. -HWn a1 A ~~1 I b m n ~ ~ n y ~ w o r k o r ~ h t t h l r k . e r l i s b . a r d a n m i n m r p o c l b t b ~t co-winnermu . -i -2;ts on which t h e design o O f w*n * O

mapsca

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1 --- NAB

DO NOTF I T ABOVE THIS UHE. LF YOU NEE~ ~ + ~ , ~ f ~ y # i V f H ~ X $ ~ ~ ~ W ? X " W ~ ~ . W . R i V M & , - S ! ? w A wmWm :WW hCNol-$8x.$ U S Q - Korea - 1953

puMkhcd se a cmntbudon 10 a prrlddinlwml. ordl- give tnformahn . bu t th cmllccllvework In whlch the mrribulionrppcrcrd. Title of C a M nWN T-f puhlbhcd In n px!edtcal or =rial slvc: Valum. T Numkr r ~ u w& r On P$vv T. . . .' ~ m ~ m ~ : * ~ I ~ : : * X i i m * ~ . O E i , ~ ~DAYT~S F I ~ND~Trn& a r b V Year Ucd Va C o o r e r a ~ e c k y Arch & t ec t s , P C .

wa g chri mnfrlbu~lon a fhc ork a '5 NATlONALlW OR DOMICILE"work wdc torhm'*T kE?Eflty w= nil A ~ O R ' S ONTRIBUTION1.0THEWOL 11b to dOa Y~ Cithcn o f t A w n y r m u l 7 d q ~ l h % %l hmidd .~3 - . m y ? q vesm.a n"d"malMx h u 5 a adrx f i k - c - ~ of thrmarorl m o d y h~ uthor in rhkh r o f i ~ h t hNI+ r

adaptation of subject m a t t e r of in~criptionNAME OF AUTHOR r \ DATESOP B IRTH AND D U p IB Year Bornr Ycrr DLh-1.r

I' I I WA6 THlS A W O R ' S CONTRIBUTION TOn ro 0 torn

Cbmidcd In t

DATES OP BLR1"H AND DM THYcsrB4mV Y s r Ditd TI

Cooper.Lecky Architeots, P.C.1000 Potomac Street, N.W.

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"!ri+&,i ,mt7M DATE OF

w NOTwnm ABOVETHIS LINE. IF YOU ncco MORE WAC& U ~ EBEPARATEOONnNVAnOHWEFT.1 TITLEOFTHlS WORK 7 ~ ~ ~ n e 0 ~ 7 ~ 1 5 r f O l l ~ ~ b wMural Well: KarrPbWar Yel~raa6Mcrnorid Etched Graphic 0PREVIOUS O R ALTERNA VETITLES 7Wall h i d rMural7PUBLICATIONAS A CONTPlIjmON ~ t hhwmk td p * b k d 4 =mn& t k t o b pe r k d i dmllcctivrvotL h vwh th- hibuh'cm n p p u d . TIUe ofW d r a W a k V

. . Korean War VtfernmMemorialu p tM h f 4 h @&al or e l iur: Vdtdws V U-bcr r b u t D J ~

I2 NAME OFAUTHOR 1a bulaNelson1~ r a n l t c JI

~ L o r c d h c % u b $ ~ i n f l m u ~ h b c

& P w W

a l B 4 Ywb--4 -4 COPYRlGHTClMhUNT(SI ~ u r dd us m r v t ba &ivmwrnu hc M Qc.~mc A P P U C A MUunur)w$ivrnhcpaZTLouis I'Jehon b ONE D ~ P O S I ~ECENED80 Udvtrslty Place I 3-1%95- tw York, NY 10003- M D E - s MCEMDb r p c d T R A N S F E R U u l c ~ ~ ( $ ) N m e d h a r m j p r c c I b ( ~ ~ M ~ a a ~ ~ t h e ~ u ~ ~ ] r w C ds p ~ p, E ~ v * br(d SUI-I of ho w tk+nt (a) e ~ pbuw g h ~ FUNDS RECEYED1.

CONTlUBVI1ONTC)r n ~ l - m l . rm ~o ;p-=D No -

AN D DEATH~ t u ~ i t dZ CCONTRIBVnON TDI k - ~ o w'a U N o

DNo-W ~ J mbibu~m hmwork r W A 5 T H l S A V I H O ~ ' ~- m a ~ e ~ . m , * ~ THEWORK

0 y- - OY,m Nil ANdcmyln-7 OYe*NOTE "ATUREOFAUTHORSHW

UlhbCr the In*. iX 3 - Ihnamaid sculphue (3 -I'~h. -rv(no? a1 artwork P h dWWh

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A ro bM ~ Wh r w.- ic 12Rcpradurtionolwork of an Jewelryd a b 0o(n*lllIy tM.mploynr. n d Q fkrlgn cm dheetllLP materialch rmflw**pld s f th hw h hn l wmr J'ma- lor blfe'~ , @Y1,. WL Sth L~LI;LU~~MD t h ~wk I A ~ ~ ~ O R ' SATIONAw OR DOMICILE^ma mpmcm - w a k u u & l o r l jrt7 mNmpo*lbrd. oiv. 0 e C i h f),mm wrnplursz(or wrr Na m u nbwnom l a-ham ma *en NATURE OF A U M O K S H I P m a p p r o p r k ~ t x ( a ) . w hlnrotbnr

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DATEOFBIRTHYear Born 7WAS IWISA W OT H EWORKAnonyuww? Clpuuben)mrun? U'lu

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*IS pf~pnw dJm r . h t h o ? 41 b - o n a l d p h &P t3TcduUcaId n h ps41an. m n dI lnvm Ihw 0 z.-d artwork m r ~ h 0 Tacr(pat4 lot 1#101d b l h and O Repralt~ct;bnd work of ut 0 Jcwclryd d g n 0 xNtrc(uralworkdaaln N u b . ~ g nn sheet~iku ukrial I

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*Application preparedby C.O.; For s lgnatu~ ,MTof i g i m lnppucationfiled in corrapondenct fllc. *EXAMINEDBY POW VACHECKED BY

FOR~ P V A l & lOFPEEUSE

W MOTW R m ABOVETHISLINE. IP YOU NEED MO W SPACE. USE A SEPARATE O O N n N U A M SHEW.PRVIOUS REClSTRAffON %m s b t r a dm krW* w w k a w mw h m n i ~ ~ .b lkt rUdyb tb \ d t nP h c C q y i g h ~1 -

IDERlvAllvEWORK O R M P l ~ ~ O NornpktcboVlWe61ud for r daarrttvr w u ~ m a y kJ y 6b lor canpllrh& -&in& M A W k d ymy pnndlUngwork awat. thtr W w a kb mw Irmrpontcr.VPartipl phoh~grnphlc g e t

En- 6LbUisNelson II

1 -0University PlaceNew York, NY 10W3 ~**m)o

&-

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Page 1 of I

http://www.koreanwarvetsmemfnd.org/nav- ar.html G2



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New Page 2. Page 1 of 1WELCOME TO THE GENERAL RICHARD G. STILWELLKOREA N WAR VETERAN S MEM ORIAL FOUNDATION, INC.

The Foundation (RGSKWVMF) is dedicated to the raising of funds to recreate an endow ment thatwill ensure the proper maintenance of the Korean War Veterans Memorial (KWVM ) in thenation's capital. Due to budgetary limitations and the n eed to prioritize the m aintenance of nationalmonum ents, the National P ark Service (NPS) is in need of supplementary funding to meetobligations.The Foundation will, upon request ofthe NPS and as necessary and whenfunds are available, grant to the N PSfunds specifically designated to m eetmaintenance andlor modifications tothe KWV M. Fund s will be raised bythe RGSKW VMF through donations,grants and the sale of productsdepicting all or parts of the KWVM.The RGSKW VMF holds copyrightcontrol over any and all depictions ofall or any part of the KW VM . Anysuch use of copyrigh t for profit byany individual, busines s, or corporateentity that has not been licensed to sodo. is a violation of co w rig ht lawsand they will be prosec


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Korean War Veterans Memorial - About the Foundation Page 1 of 1

WELCOME TO THE GENERAL RICHARD G. STILWELL KOREANWAR VETERANS MEMORIAL FOUNDATION, INC.The Foundation (RGSKWVMF), was chartered in 1996 in the District of Columbia. It is aregistered tax-exempt and non-profit organization dedicated to creating an endowment fundto ensure adequate maintenance of the Memorial.

The-Members of the Board of Directors are as follows:A. Former members of the Korean War Veterans Memorial Advisory Board(KWVMAB); (Appointed by t he Pres ident to se l ec t des ign and ra i se funds to e rec t t heMemor ia l )B. The Memorial's Sculptor, Fr ank Gaylord and Muralist, Louis Nelson;C. Mr. William Leckey, one of the design architects of the Memorial; and,D. LTC (Ret) Richard G. Stilwell, son of General Stilwell, the original Chairmanof the KWVMAB who, prior to his death, was instrumental in gaining approvalfor the design.

Following dedication of the Memorial on 27 Ju l 95 it soon became apparent that, as with theVietnam Memorial, an endowment fund for maintenance and modification was needed tosupplement the limited funds available to the National Park Sewice (NPS). In the face ofdeclining budgets and the need for the NPS to prioritize maintenance of all the Nation'sMemorials, the NPS cannot guarantee adequate maintenance.This need was dramatically pointed out by the almost immediate need, following dedication, tomake major repairs to the Memorial. These involved replacing the water circulation system tothe memorial pool, revising the lighting system to improve ambient visibility at night andplacement of additional benches and barriers to prevent visitors from infringing on the line ofsculptures. As late as the end of 1998, these modifications were not completed and theMemorial will not be returned to the status it desewes until mid to late 1999.Accordingly, the RGSKWVMF was established to raise money for an endowment funddedicated exclusively to the maintenance of the Korean War Veterans Memorial. TheFoundation has been granted full control of all copyrights pertaining to any productsmarketed for profit that depict any part of, or the entirety of, the Memorial. In exercisingcopyright, the Foundation may authorize third party marketing o r restrict marketing to itself.To date, only the RGSKWVMF is marketing products. These are being sold at cost plus a15% markup to raise endowment funds, as well as S&H costs to cover overhead. There a re nopaid employees of the Foundation and, except for advertising and development of products, allfunds are deposited in the endowment fund. As needed, the Foundation will provide grants tothe NPS when NPS funds are inadequate to properly maintain the Memorial. Your suppor t ofthis endeavor will ensure tha t the Korean Wa r Veterans Memorial remains as it was designedto be!

Help us to achieve our goal! Support the Memorial!

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Korean War Veterans Memorial - Products Page 1 of 1

WELCOME TO THE GENERAL RICHARD G. STILWELLKOREAN WAR VETERANS MEMORIAL FOUNDATION, INC.Have your very own miniature replica of part of the Korean W ar Veterans Mem orial inthe Nation's Capital!

Wan t a copy of a statue for your very own? Frank Gaylord, the Sculptor of the statues in theMemorial will create one for you! Your choice of an Army, Navy, Marine, Air Force orMedical reproduction. Collectors limited edition in bronze with a steel color patina o r lessexpensive versions in bronze resin. They are 8" in height with a 6"x6"x1" base.For the cost of these Collectors' editions, numbered and signed in Bronze or in Bronze Resin,

Call 1-888-KORAWAR (567-2927) or E-Mail: [email protected](Credit card orders will be accepted. Allow 4 to 6 weeks delivery after payment received)

Want a 6"x 6" fired tile depicting scenes from the Wall? You can have one for your very own!The tiles replicate scenes created by Muralist, Louis Nelson, who designed the Wall. These arelimited edition tiles depicting either land, sea, air or medical scenes. Not available anywhereelse except from the RGS Korean War Veterans Memorial Foundation. Only limited amountsavailable.Cost is: $10.00 plus $2.95 S&H

MORE PRODUCTS And ORDER FOR M

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Korean W ar Veterans Mem orial - About Korean War Veterans Mem orial,.

Page 1 of 1

The Korean War Veterans MemorialThe Korean War Veterans M emorial is one of the most inspiring War Mem orials in our Nation's Capital. Nineyears in the building it cost in excess of 18 million dollars, all of which w as raised through p rivatecontributions. Located on the Grand M all in Washington. DC , the Ko rean War V eterans Mem orial andVietnam M emorial are at the ends of the horizontal arm of a cruciform compo sed of the WashingtonMonu ment at the base of the vertical arm, the soon to be WW ll M emorial along the vertical axis and theLincoln Mem orial at the head of the vertical arm.The Mem orial is unique in that it presents an aura of comm itment both by a generation of young Am ericansoldiery as well as their comrades from 20 other nations of the United Na tions and the R epublic of SouthKorea. Ded icated to the concept that "Freedo m Is Not Free", the Mem orial does not glorify war but rather thedetermination of our peo ples to assist other people in preserving their freedom !Unique am ong war mem orials, and on e of the m ost visited, the Korean Wa r Veterans lblemorial features acolumn of 19 sculptures representing those m embe rs of the Armed Forces of the United States that directlyengaged the enem y in ground and air combat and depicts the ethnic and racial makeup of those forces. Thesculptures are flanked by a Wall filled with scenes of the war. The Mem orial Pool at the he ad of the MemorialIs dedicated to the rem embranc e of those killed in action, wounded in action, missing in action or held asPOW s by the enemy. Look closely at the numb ers and you will understand why the "Police Action" now mus tbe called a "War"!As su rely as World W ar II was foug ht to save the world for democ racy it can be said that the Korean War wa sfought to save the world from com munism ! The stand taken in Ko rea, and the "line in the sand" drawn thereagainst armed a ggression, became the catalyst for the eventual downfall of the goal of comm unism - toenslave the world!Visit this Memo rial! See for yourself why it is imperative to ensure that it is maintained properly!

FREEDOM IS NOT FREE!

GEN RGS KOREAN W AR VETERANS MEMO RIAL FOUNDATION, INC.920 East C apitol Street, NEWashington, DC 20003Ph : 202-543-2127 Fax: 202-543-0724E-MAIL: weberl87@,prodigy.com

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Korean War Veterans Memorial - Contact Us Page 1 of 1

WELCOME TO THE GENERAL RICHARD G. STILWELLKOREAN WAR VETERANS MEMORIAL FOUNDATION, INC.CONTACT US

For official correspondence and to get copyright approval contact:Gen. RGS Korean War Veterans Memorial Foundation, Inc.920 East Capitol Street, NEWashington, DC 20003Ph: 202-543-2127 Fax: 202-543-0724

For questions on website and purchase of sale products contact:Gen. RGS Korean W ar Veterans Memorial Foundation, Inc.10301 McKinstry Mill RoadNew Windsor, NZD 21776-7903Toll Free: 1-888-KORAWARE-Mail: [email protected]

You can fill in and submit this form and we will be happy to send you more information on theKorean Wa r Veterans Memorial. Thank you for your interest!First Name:) ast Name: I - '

Address: 1 Address 2: 1City:( "tate:r Zip Code + 4:7

Phone #: Email Address:7G23



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' I DEPARTMENTOF THEARMYBAtTlMORE DSTRICT, CORPS OF ENGINEERSP.O. BOX 1716

6 BALTIMORE, MARYLAND 21 203-1 716

3 November 1997

AE ~cquisition ranchContracting Division

SUBJECT: Contract No. DACA31-90-C-0057Cooper Lecky ArchitectsDesign of Korean War Veterans Memorial,Washington, DCCooper Lecky Architects1000 Potomac Street, NWWashington, DC 20007Ladies and Gentlemen: -. L i

Please complete the enclosed Release Form (NAD Form 750-R),.\


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The work under Corctracc h m b er DACA31-90-C-0057 , dated 11 April J990Lbetbeen the .United States. of America, represented by WILLIAM C = RyALS

Contracting Officer, and the undersigned contractor, having been completed and finallyaccepted, the United States, its officers and agents, are hereby released from allclaims and demands whatsoever arising under or by virtue of said contract, except asfollows: (If none, so state.) NONE

Executed this .day of - 19_,

Contractor COOPER LECKY ARCHITECTSBY: (Signature)

(Title)Witnesses (two required):Signature

HameAddress

SignatureName

Address

I (If the contractor is a corporation, the following certificate must be executed.)C E R T I F I C A T E1, , certify that I am the of the

Corporation executing this release; that who signethis release on behalf of the,Contractor was then of saidCorporation; that said release was duly signed for and on behalf of said Corporation byauthority of its governing body, and is within the scope of its corporate powers.

I (Corporate Seal) SignatureOfficial Title

I NAD Form 750-R (Par. 7(e) SF 23A) GPO ursRev. June 1980G23



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QEPARTMENTOF THE ARMYBALTIMORE DISTRICT, CORPS OF ENGINEERSP.O. BOX 17 16BALTIMORE. MARYLAND 212 03-1 716

8 March 1999AE Acquisition BranchContracting DivisionSUBJECT: Contract No. DACA31-90-C-0057Design of Korean War Veterans Memorial,Washington, DC

Cooper, Lecky Architects1000 Potomac Street, N.W.Washington, DC 20007Ladies and Gentlemen:Please complete the enclosed Release Form (NAD Form 750-R),and mail to:U.S. Army Corps of EngineersBaltimore District10 S out kHo war d Street- - - -- - -Baltimore, MD 21201 .r -Attn: Rose Bailey, Room 7200 - IAE Acquisition Team, CENAB-CT-0-AE - - -- -- -Contrasing Division

Kindly provide your response with 7 days from date ofreceipt of this letter.- -My point of contact forthis action is Rose &ley410-962-2584.

m2illiam C.swyalsChief, AE chisi it ion Team

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Arch i tectureP l a n r h gInter ior Design

November 7, 1997Mr. Wilham C. RyalsChief,AE Acquisition BranchContrac ting D ivisionBaltimore DistrictU.S. Army Corps of EngineersP.O. Box 1715Bal t imore , MD 2120301715Re: Korean Wa r Veterans Mem orialCLA 90008D e a r M r. Ryals:W e a re in receipt of your let ter a nd Release Form (NAD Form 750-R) for our work on theKorean W ar Veterans Memoria l .There a r e two problems re l a t ed to sam e1. Bruce Wa re h as sta ted his hope th at monies wi l l become available in t h e m o n t hsa h e a d to be u sed for consul tancy wi th Cooper*Lecky on th is project.2 . We s t i l l i n t end to subm i t a reques t for compensat ion on ad dt i on al serv icesrendered by Cooper0Leckyover th e l as t two years o r so .As a re sult of the above, we would prefer to hold th e re l ease unt i l t hese i ssues a r eresolved.

P re s i den t


Cooper-Lecky Government Opinion

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