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EXHIBIT A
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED

February 23,2000

Contracting Division

SUBJECT: Contract No. DACA3 1-90-C-0057, Korean War Veterans' Memorial


Copyrights

Mr. William P. Lecky


CUH2A, L.L.P. fMa Cooper-Lecky
Architects, P.C.
1000 Potomac Street, NW
Washington, DC 20007-3528

Dear Mr. Lecky:

This Contracting Officer's Decision is a determination relating to assertions of


copyright in elements of the Korean War Veterans' Memorial (KWVM or Memorial)
by Cooper-Lecky Architects (hereinafter "Cooper-Lecky," "contractor," or "you"), its
successors and assigns, and subcontractors performing work on the KWVM. By
letter 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 was
received in the offices of CUH2A, L.L.P./Cooper Lecky Architects, P.C., on
December 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 to
the KWVM. The cumulative and potential impacts upon the Government and the
public resulting from the contractor's position on these issues make it necessary to
issue findings of fact and a determination on these copyright issues pursuant to the
terms 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 construction
of the KWVM. One of the principals of that firm waslis Mr. William Lecky. The

1
Tabs are referenced in accordance with the requirements of the Engineer Federal Acquisition
Regulation for a potential appeal file with the first two tabs reserved for a Notice of Appeal, in the
event of an appeal, and for this Contracting Officer's Decision. Copies of the tabs are not attached to
this Contracting Officer's Decision. However, all tabs refer to contract documents that should be
within your contract file.

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

1. The contractor has not certified a contract claim in this matter. However, the
contractor has taken (and permitted others to take) actions inconsistent with the
provisions of the contract, giving rise to what can be described as an affirmative
claim of the Government to address issues of copyright in the KWVM.

2. Several letters from Cooper-Lecky (and its successors) assert intellectual property
interests in the KWVM. The first of this correspondence is a letter to the National
Park Service, National Capital Parks-Central Division (NPS) from Korean War
Veterans Memorial Productions, Inc., dated December 2 1, 1 9 9 5 . ~This letter, signed
by Mr. Lecky, purports to give NPS authorization to use images of the KWVM in
NPS publications, but requests the opportunity to review any future written
information relating to the KWVM prior to publication (Tab 5).

3. A letter from Cooper-Lecky, dated July 25, 1997, signed by Mr. Lecky as
President of KWVM Productions, Inc., again complains to NPS regarding the
brochure distributed at the ~ ~ ~ ~ . k o o ~ e rmaintains
- L e c that
k ~"KWVM
Productions, Inc. holds the copyright on all aspects of the Memorial and must grant

a approval 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 images
related to the Korean War Veterans Memorial" (Tab 7).4

a 1. This is a Department of the Army contract and thus is subject to the Federal
Acquisition 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 this
contract occurred in 1989.

Korean War Veteran's Memorial Productions, Inc., is, of course, not the prime contractor under
contract number DACA31-90-C-0057. Nevertheless, this entity appears to be operating under the
direction of Mr. William Lecky, one of the principals of the contractor.
3
KWVM Productions, Inc., appears to be the same entity as Korean War Veteran's Memorial
Productions, Inc.
4
It is believed that CUH2A, L.L.P., is a successor firm to Cooper-Lecky Architects, P.C., in the sense
that the firm now does business as CUH2A, L.L.P. However, it does not appear that Cooper-Lecky

a
Architects, P.C., was ever formally dissolved, and there was never a novatiin of the contract to
substitute CUH2A, L.L.P.. as the replacement contractor on this project.

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2. Clause 1.37 of the contract (DFARS clause 52-233-0001) expressly states that this
contract is subject to the Contract Disputes Act of 1978. This dispute involving
copyrights 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 in
the KWVM. Clause 1-29 is entitled "Drawings and Other Data to Become Property
of Government" and states:

"All designs, drawings, specifications, notes and other works


developed in the performance of this contract shall become the sole
property of the Government and may be used on any other design
or construction without additional compensation to the Contractor.
The Government shall be considered the "person for whom the
work was prepared" for the purpose of authorship in any
copyrightable work under 17 U.S.C. 201(b). With respect thereto,
the Contractor agrees not to assert or authorize others to assert any
rights nor establish any claim under the design patent or copyright
laws. The Contractor for a period of three (3) years after
completion of the project agrees to furnish all retained works on
the request of the Contracting Officer. Unless otherwise provided
in this contract, the Contractor shall have the right to retain copies
of all works beyond such period."5

a 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 the
performance of this contract, including the right to use same on
any other Government design or construction without additional
compensation to the Contractor. The Contractor hereby grants to
the Government a paid-up license throughout the world to all such
works to which he may assert or establish any claim under design
patent or copyright laws. The Contractor for a period of three (3)
years after completion of the project agrees to furnish the original
or copies of all such works on the request of the Contracting
~fficer."~

5. The term "works" is not specifically defined in any clause that was included in this
solicitation. However, the term "works" is clearly defined by related DFARS clauses
as including "literary, musical, and dramatic works; pantomimes and choreographic
works; pictorial, graphic and sculptural works; motion pictures and other audiovisual
works; 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 contract


admini~tration."~

6. The DFARS instruct the Contracting Officer which clauses to use in a particular
contract, including guidance on policy and procedures pertaining to data, copyrights,
and restricted designs unique to the acquisition of construction and architect-engineer
services. In fact, DFARS 227.478-2 specifically addresses AIE services for a
monument or memorial, stating: "When the purpose of a contract for architect-
engineer services is to obtain a unique architectural design of a building, a monument
or construction of similar nature, which for artistic, aesthetic, or other special reasons
the Government does not want duplicated, the Government may acquire exclusive
control 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 and
contracts."'

7. Generally, copyright protection is not available for any work authored by the
United States Government. However, the United States Government is not precluded
from receiving and holding copyrights transferred to it by assignment, bequest, or
other~ise.~

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 subsequent
modifications, the total value of the contract is $5,432,098.00.

a 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 the


contract was a concept initially devised as an entry in a nationwide contest sponsored
by the American Battle Monuments Commission (ABMC). However, for several
reasons, the preliminary concept was not practicable and required revision.

11. Pursuant to the AIE contract, Cooper-Lecky refined the preliminary design
concept of the KWVM. Changes to the preliminary conceptual design were reviewed
and approved by ABMC, the Commission of Fine Arts (CFA), National Capital
Planning Commission (NCPC), National Capital Memorial Commission (NCMC),
and various other groups before the final design was approved and construction could
be initiated.

12. During the design processes, Cooper-Lecky retained subcontractors to assist with
certain components of the KWVM. Although the Corps was not a party to those
contracts, it is known that Cooper-Lecky hired Mr. Frank Gaylord to design the
sculptures, 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).
17 U.S.C. S 105.

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13. Construction of the KWVM commenced in 1993.

14. Since 1994, at least five separate copyright registrations (described in the
Summary of Claims) have been filed on behalf of Cooper-Lecky and its
subcontractors with the United States Copyright Office. These registrations relate
directly to work performed under contract DACA3 1-90-C-0057."

15. The first of the registrations, Copyright Office number VAu 326-676, was
docketed December 30, 1994. Apparently, this registration filed by Cooper-Lecky,
purports to copyright the design of the KWVM and the site plan drawing (Tab 10).

16. Registration number VAu 326-679, also filed December 30, 1994, by Cooper-
Lecky, again claims copyright in the design of the KWVM, and also claims copyright
in a scale model of the Memorial (Tab 11).

17. A third Cooper-Lecky, registration is VAu 327-755, dated July 25, 1995. This
registration claims copyright in an adaptation of a short phrase by the Secretary of
Defense that is inscribed part of the KWVM (Tab 12).

18. In VAu 402-655, Mr. Louis Nelson, the Cooper-Lecky subcontractor who
designed the mural wall, asserts a copyright in the mural wall of the KWVM. The
effective date of this registration is March 13, 1995 (Tab 13).

19. The sculptor, Mr. Frank Gaylord, filed a registration that references not only the
stainless steel sculptures he designed, but also might be construed to assert claims for
the mural wall, and the pool of remembrance. This registration is effective July 17,
1998, and is numbered VAu 447-698 (Tab 14).

20. Furthermore, the Corps is aware that there is an organization incorporated in the
District of Columbia called the "General Richard G. Stilwell Korean War Veterans
Memorial Foundation" (RGSKWVNIF) that is apparently asserting copyrights
derived under this contract. Although this is not an entity that has contractual privity
with respect to the KWVM, its board of directors includes William Leckey [sic],
Frank Gaylord, and Louis Nelson.

2 1. RGSKWVMF operates a website that makes broad copyright claims in the


KWVM. One webpage states, "The Foundation has been granted full control of all
copyrights pertaining to any products marketed for profit that depict any part of, or
the entirety of, the Memorial. In exercising copyright, the Foundation may authorize
third party marketing or restrict marketing to itself."

22. Another webpage on the RGSKWVMF site states, "The RGSKWVMF holds
copyright control over any and all depictions of all or any part of the KWVM. Any

'O Library of Congress Copyright Office registration numbers: VAu 326-676, VAu 326-679, VAU
327-755, VAu 402-655, and VAu 447-698.

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such use of copyright for profit by any individual, business, or corporate entity that
has not been licensed to so do, is a violation of copyright laws and they will be
prosecuted for such. Help us prevent abuse of your rights and notify the Foundation if
anyone tries to use our Memorial to benefit themselves!" (Tab 15).

23. At this time, neither the contractor nor the subcontractors have filed a claim for
copyright infringement with the Corps, ABMC, or NPS, and it is not known whether
infringement actions have been brought against any other persons or organizations.

24. The KWVM was dedicated and opened to the public on July 27, 1995, the 42nd
anniversary of the armistice that ended the Korean War.

25. The NPS is responsible for the operation and management of the KWVM.

26. With the exception of $447.16 that is still held by the Government, Cooper-

a Lecky has been paid for its work performed under this contract. Despite request,
Cooper-Lecky has refused to execute the release needed to effectuate the final
payment (Tab 16, Tab 17, Tab 18).

27. In an effort to resolve this dispute, the Contracting Officer wrote to the contractor
in a letter dated December 7, 1999 (Tab 3). At that time, the contractor was
instructed to cease its assertions of copyright and was directed to execute assignments
of the copyright registrations in favor of the Government." The contractor elected
not to respond to that letter at all.

ANALYsrs

1. The assertions of copyright by Cooper-Lecky, and those who would presume to


derive copyright from work performed under this contract, clearly violate the express
terms of the contract.
a 2. The contractor's (and subcontractors') copyright claims have the potential to
adversely affect the Corps, its customer (ABMC), and the agency that maintains and
operates the KWVM (NPS).

3. As demonstrated in the letters written by the contractor, the copyright claims may
present obstacles to the effective administration of the KWVM, and impede the
mission and operation of the KWVM. The suggestion that someone other than the
Government can determine the nature and extent of dissemination of images of the
KWVM has no basis in the language of the contract.

II
As noted herein, several of the registrations are in the names of subcontractors and not the
contractor, Cooper-Lecky. However, it is apparent that all these registrations were undertaken with the
approval of Cooper-Lecky and in fact may have been assigned to a successor to Cooper-Lecky or the
RGSKWVMF. Therefore, it seems clear that the contractor or the principals of that firm are i n a
position 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 both
appropriated and non-appropriated funds. The copyright claims asserted by Cooper-
Lecky and its subcontractors unreasonably and unfairly impact the end users of the
Memorial, inhibit NPS's ability to interpret the Memorial, and produce a chilling
effect 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 assert
any 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 and
work 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 the
Government's unlimited rights to the KWVM and prevent the contractor or
subcontractors 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, an


appropriate remedy is to execute assignments of the improperly registered copyrights
to 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 the
Government, and enlist its subcontractors to do the same.

8. The enclosed forms should be executed by each of the entities purporting to hold
copyrights for each of the above referenced registrations. If there are additional
copyright registrations on the KWVM, or if any of these registrations have been
assigned to another entity, that information shall be conveyed to the Contracting
Officer.

9. I further find that, to the extent the copyrights have not already been assigned to
the Government, Clause 1-28 of the contract, "Government Rights, Unlimited," grants
the Government an unlimited license with respect to any copyrights derived of the
K W V M . ' ~Therefore, neither the contractor nor the subcontractors have ever had a
basis to attempt to restrict the Government's use of the KWVM.

10. In the event these copyrights are not assigned in accordance with this Contracting
Officer's Decision, the Government may initiate proceedings in Federal Court for
appropriate judicial relief, and make the appropriate recommendations on the ACASS
evaluation(s) for Cooper-Lecky and the firm's principals.

11. The contractor, and all others who might purport to derive copyrights with
respect to work performed under contract number DACA3 1-90-C-0057, shall
immediately cease and desist any communication or suggestion to the public or to any

l 2 The Government challenges the validity of these copyright registrations. As directed by the disputes
clause of the contract, this issue is addressed at this time in this Contracting Officer's Decision rather
than 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 this
decision to the Armed Services Board of Contract Appeals, Skyline Six, 5 109
Leesburg Pike, 7th Floor, Falls Church, VA 22041. If you decide to appeal, you must
mail or otherwise furnish written notice thereof to the Armed Services Board of
Contract Appeals within 90 days from the date you receive this decision. A copy
thereof shall be furnished to the Contracting Officer from whose decision the appeal
is taken. The notice shall indicate that an appeal is intended, shall reference this
decision, and shall identify the contract by number. With regard to appeals to the
Armed Services Board of Contract Appeals, you may, solely at your election, proceed
under the Board's small claims procedures for claims of $50,000 or less or its
accelerated procedure for claims of $100,000 or less. In lieu of appealing to the
Armed Services Board of Contract Appeals, you may bring an action directly in the
United States Court of Federal Claims within 12 months of the date you receive this
decision.

Sincerely,

William Ryals
Contracting Officer
U.S. Army Engineer District,
Baltimore

Enclosure

Copy Furnished:
Colonel Dale F. Means, American Battle Monuments Commission
William Aileo, Esquire
Arnold Goldstein, Superintendent, NPS
Thomas McConnell, NPS
Alton Woods, Esquire, Department of Interior Solicitor's Office
Josepha O'Malley, Esquire, Department of Interior Solicitor's Office
Frank C. Gaylord
Louis Nelson
Rupert Jennings, HQUSACE
Joseph J. Cox, CENAD-OC
Richard Frenette, HECSA
Jon Sadler, CENAB-PP-M
Jeff Lorenz. CENAB-OC KORNREICHICENAB-0
DAVISICENAB-OC ?
$
KINGSLEYICENAB-OC
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RYALSICENAB-CT kc lL 2 7 @"dd

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DATE

Contracting Officer's Decision (Reserved)


(Reserved)
December 7, 1999 Letter to Cooper-Lecky from Contracting Officer
December 8, 1999 Copy of green card, certified mail receipt
December 2 1, 1999 Letter to NPS from Korean War Veterans Memorial Productions,
Inc.
July 25, 1997 Letter to NPS from Cooper-Lecky
May 26, 1999 Letter to NPS from CUH2A, L.L.P.
Clause 1.37, p 1-53 of Contract, disputes clause
April 11, 1990 Notice to Proceed
Copyright Office registration number VAu 326-676
Copyright Office registration number VAu 326-679
Copyright Office registration number VAu 327-755
Copyright Office registration number VAu 402-655
Copyright Office registration number VAu 447-698
RGS KWVNZF webpages
November 3, 1997 Letter accompanying release sent to Cooper-Lecky
March 8, 1999 Letter accompanying release sent to Cooper-Lecky
November 7, 1997 Response letter from Cooper-Lecky

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CERTIFIED MAIL - RETLJRN RECEIPT REQUESTED

December 7, 1999

Contracting Division

SLBJECT: Contract No. DACA3 1-90-C-0057, Korean War Veteran's Memorial


Copyrights

Mr. William P. Lecky


CWH2A, L.L.P. flkla Cooper-Lecky
Architects, P.C.
1000 Potomac Street, NW
Washington, DC 20007-3 528

Dear Mr. Lecky:

It has recently come to my attention that you have registered copyright interests in
the Korean War Veterans Memorial (hereinafter referred to as "KWVM). In letters to
the National Park Service (NPS) from Cooper-Lecky Architects, P.C. (Cooper-Lecky),
dated December 21, 1995, Korean War Veterans Memorial Productions, Inc., dated July
27, 1997, and CHU2A, L.L.P., dated May 26, 1999, you claim that these various entities
hold copyright on "all images related to the Korean War Veterans Memorial." The
aforementioned correspondence asserts that NPS "rangers at the site alert people to the
fact that there is a copyright on the design and approval must be granted to anyone
wishing to use film, photographs or drawings of the Memorial" and maintains that
Korean War Veterans Memorial Productions, Inc., must grant approval for any use of
images of the KWVM. Your correspondence has also requested that literature distributed
by NPS be pre-approved by your firm. Correspondence of this nature from your ofice
must cease.

Your copyright assertions are inconsistent with the terms and provisions of the
Architect-Engineer contract between Cooper-Lecky and the U.S. Army Engineer District,
Baltimore (hereinafter referred to as the "Contract"). In fact, NPS officials at the KWVM
may not have been apprised of the Contract's copyright provisions until quite recently
when the Baltimore District was asked to respond to your letters. The Contract,
numbered DACA3 1-90-C-0057 and dated April 11, 1990, clearly and firmly addresses
the issue of copyright in the KWVM. The copyright assertions you have made, and the
restrictions you would purport to place upon the Government and third parties, are
inaccurate and collide squarely with the express terms of the Contract. To aid in your
understanding of the Government's rights in the KWVM, I direct your attention to two
relevant clauses on page 1-41 of the Contract. Clause 1-29 is entitled "Drawings and
Other Date to Become Property of Government" and states:

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"All designs, drawings, specifications, notes and other works


h e l o p e d in the performance of this contract shall become the
sole property of the Government and may be used on any other
design or construction without additional compensation to the
Contractor. The Govemment shall be considered the 'personfor
whom the work was preparedJJfor the purpose of authorship in any
copyrightable work under 17 US.C. 201(b). With respect thereto,
the Contractor agrees not to assert or authorize others to assert
any rights nor establish any claim under the design patent or
copyright laws. The Contractorfor a period of three (3) years after
completion of the project agrees tohmish all retained works on the
request of the Contracting OfJicer. Unless otherwise provided in
this contract, the Contractor shall have the right to retain copies of
all works beyond such period. [Emphasis added.]
"

Under this provision, it is clear that Cooper-Lecky (or its subcontractors) can not
assert valid copyright interests in the KWVM even if those interests might otherwise be
copyrightable in the absence of the Contract. Nevertheless, at this time, we are now
aware of several copyrights registered by Cooper-Lecky and its subcontractors. Please be
advised that these and any other KWVM copyrights are registered in violation of the
express terms of the Contract.

Furthermore, the Contract contains an additional provision relating to copyright in


Clause 1-28 (Government Rights, Unlimited), that states:

The Government shall have unlimited rights, in all


drawings, designs, specifications, notes and other works developed
in the performance of this contract, including the right to use
same on any other Government design or construction without
additional compensation to the Contractor. The Contractor hereby
grants to the Govemment a paid-up license throughout the world to
all such works to which he may assert or establish any claim under
design patent or copyright laws. The Contractorfor aperiod of
three (3) years after completion of the project agrees tofurnish the
original or copies of all such works on the request of the
Contracting OfJicer. Emphasis added.]
"

In accordance with the Contract terms, Cooper-Lecky was paid for its services
and work on the KWVM, and the Government was given exclusive control over the data,
design, and the completed work of the KWVM. The contract clauses are intended to
ensure the Government's unlimited rights to the KWVM and to prevent the contractor (or
subcontractors from restricting the public's access to or use of the KWVM.

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Having now received information that Cooper-Lecky and its subcontractors have
inappropriately registered certain copyrights, we must take action to ensure that all
elements of the KWVM remain in the public domain. We can resolve this issue through
assignments of the copyright registrations to the Government. At this time, we are aware
of five separate registrations filed on behalf of Cooper-Lecky, Mr. Frank Gaylord, and
Mr. Louis Nelson (Library of Congress Copyright Ofice registration numbers: VAu
326-676, VAu 326-679, VAu 327-755, VAu 402-655, and VAu 447-698). These
copyright registrations need to be assigned to the United States.

The enclosed forms should be executed by each of the entities purporting to hold
copyrights for each of the above referenced registrations. If there are additional
copyright registrations on the KWVM, or if any of these registrations have been assigned
to another entity, that information shall be conveyed to the Contracting Officer.

Your immediate attention and anticipated assistance in this matter is appreciated.


Enclosed you will find the assignment forms to be executed and returned to the Baltimore
District. It is my sincere hope that this issue can be resolved amicably and quickly, and
your reply is requested within 15 days fiom the date of this letter. In the event that this
matter is not resolved quickly, I am prepared to issue a Contracting Officer's decision.
Questions or concerns relating to this issue may be directed to the undersigned.

Sincerely,

William Ryals
Contracting Officer
U. S. Army Engineer District,
Baltimore

Enclosure

Copy Furnished:
Colonel Dale F. Means, American Battle Monuments Commission
William Aileo, Esquire
Arnold Goldstein, Superintendent, NPS
Thomas McConnell, NPS
Alton Woods, Esquire, Department of Interior Solicitor's Office
Josepha OYMalley,Esquire, Department of Interior Solicitor's Office

CERTLFlED MAIL - RETURN RECEIPT REQUESTED

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Rupert Jennings, Esquire (HQUSACE)


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

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LORENZICENAB-OClX18 11
MITCHELL, MAJICENAB-CTlXS6 17 (i ,/kc 7
/,-,

FUFKINICENAB-CT/X2196 ,.,

RYALSICENAB-CT-0-AElX3495 fl& 77

ENCLS 5

Cc:
Rupert Jennings, Esq. (HQUSACE)
Joseph Cox, Esq. (NAD)
Richard Frenztte, Esq. (HECSA)
Jeff Lorenz, Esq. (NAB)
Jon Sadler, Project Manager (NAB)
Colonel Dale F. Means, American Battle Monuments Commission
William A Aielo, Esq., American Battle Monuments Commission
Arnold Goldstein, Superintendent, NPS National Capital Parks - Central, National Park Service
Thomas McComell, Contracting NPS National Capital Region
Alton Woods, Esq., Department of Interior Solicitor's Office
Josepha O'Malley, Esq., Department of Interior Solicitor's Office

Via Certzped Mail, Return Receipt Requested and via First C1a.s.sMail

G207
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Title of Copyrighted Work: Korean War Veteran's Memorial, sculptures

Copyright ClaimantIAssignor: Frank C. Gaylord

Copyright Registration IVumber: VAu 447-698

Effective Date of Registration: July 17, 1998

KNOW ALL MEN BY THESE PRESENTS that Frank C. Gaylord (heremafter "Assignor") in consideration of the
rights of the Government of the United States (heremafter "Assignee") acquired by virtue of the circumstances
under 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 previously
assigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than the
~ o v ~ m m eof
n tthe united States,

2 . Assigns. transfers, and quitclaims to Assignee, as represented by the Secretary of the Army. all Assignor's right
titte, and interest of every kind and nature in and to all copyrights, copyright licenses, and copyright interests of
every kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now or
hereafter in force and any and all causes of action heretofore accrued in the Assignor's favor for infringement of
such 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 all
steps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessary
or expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively in
the Assignee.

In WITNESS WHEREOF the Assignor has caused this Assignment of Copyright to be signed in his individual name
this day of

Frank C. Gaylord

State of 1
1 SS
County of }

On the above date known to me to be the individual described and who


executed the foregoing instrument duly appeared before me and acknowledged to me that the same is h s own act
and deed.

(signature of notary public)

(notary seal) My Commission Expires:

G208
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 17 of 47

Title of Copyrighted Work: Korean War Veteran's Memorial, mural wall

Copyright ClaimantIAssignor: Louis Nelson

Copyright Registration IVumber : VAu 402-65 5

Effective Date of Registration: March 15, 1995

KNOW ALL MEN BY THESE PRESENTS that Louis Nelson (heremafter "Assignor") in consideration of the
rights of the Government of the United States (heremafter "Assignee") acquired by virtue of the circumstances
under which 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 previously
assigned, transferred. or quitclaimed said copyright in said work to any individual or entity other than the
Government of the United States.

2. Assigns, transfers, and quitclaims to Assignee, as represented by the Secretary of the Arn~y,all Assignor's right,
title, and interest of every kind and nature in and to all copyrights, copyright licenses, and copyright interests of
every kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now or
hereafter in force and any and all causes of action heretofore accrued in the Assignor's favor for infmgement of
such 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 all
steps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessary
or expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively in
the Assignee.

In WITNESS WHEREOF the Assignor has caused tlus Assignment of Copyright to be signed in his individual name
this day of -. .

Louis ~ e l G n

State of 3
3 SS
County of 1
On the above date known to me to be the individual described and who
executed the foregoing instrument duly appeared before me and acknowledged to me that the same is his own act
and deed.

(signature of notary public)

(notary seal) My Conlmission Expires:

G209
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 18 of 47

Title of Copyrighted Work: Korean War Veteran's Memorial, inscription

Copyright ClaimantIAssignor: Cooper-Lecky Architects, P.C

Copyright Registration Number: VAu 327-755

Effective Date of Registration: July 25, 1995

KNOW ALL MEN BY THESE PRESENTS that Cooper-Lecky Architects, P.C. (hereinafter "Assignor") in
consideration of the rights of the Government of the United States (hereinafter "Assignee") acquired by virtue of the
circumstances under which 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 previously
assigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than the
Government of the United States,

@ 2 Assigns, transfers. and quitclaims to Assignee, as represented by the Secretaty of the Army, all Assignor's right,
title, and interest of every kind and nature in and to all copyrights. copyright licenses, and copyright interests of
every kind and nature, and any and all renewals and exTensions thereof that may be secured under all laws now or
hereafter in force and any and all causes of action heretofore accnled in the Assignor's favor for inffingement of
such 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 all
steps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessary
or expedent in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively in
the Assignee.

In WlTNESS WHEREOF the Assignor has caused this Assignment of Copyright to be signed in its corporate nanle
by its duly authorized officer and corporate seal to be hereunto affixed this day of .

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

State of

County of

Onthe day of ,- before me personally came -


to me known, who being by me duly sworn, did depose and say he resides in that he is the
of the corporation described in and which executed the above instrument; that he known the
seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order
of the board of directors of said corporation, and that he signed his name thereto by like order.

(signature of notary public)

(notary seal) My Commission Expires:

G210
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 19 of 47

Title of Copyrighted Work: Korean War Veteran's Memorial, scale model

Copyright Claimant/Assignor: Cooper-Lecky Architects, P.C.

Copyright Registration Number: VAu 326-679

Effective Date of Registration: December 30, 1994

KNOW ALL MEN BY THESE PRESENTS that Cooper-Lecky Architects, P.C. (hereinafter ''Assignof') in
consideration of the rights of the Govenunent of the United States (hereinafter "Assignee") acquired by virtue of the
circumstances under which 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 previously
assigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than the
Government of the United States,

2. Assigns, transfers. and quitclaims to Assignee, as represented by the Secretary of the Anny, all Assignor's right,
title, and interest of every kind and nature in and to all copyrights, copyright licenses, and copyright interests of
every kind and nature, and any and all re~lewalsand extensio~isthereof that may be secured under all laws now or
hereafter in force and any and all causes of action heretofore accrued in the Assignor's favor for infringement of
such 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 all
steps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessary
or expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively in
the Assignee.

In WITNESS WHEREOF the Assignor has caused this Assignnlent of Copyright to be signed in its corporate nanle
by its duly authorized officer and corporate seal to be hereunto &xed t h ~ s day of , .-

(affix corporate seal) Cooper-~eckyArchitects, P.C.

State of

County of

On the day of ,- before me personally came


to me known, who being by me duly sworn, &d depose and say he resides in that he is the
of the corporation described in and which executed the above instrument; that he known the
seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order
of the board of directors of said corporation, and that he signed his name thereto by like order.

(signature of notary public)

(notary seal) My Commission Expires:

G211
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 20 of 47

Title of Copyrighted Work: Korean War Veteran's Memorial, site plan

Copyright ClaimantIAssignor: Cooper-Lecky Architects, P.C.

Copyright Registration Number: VAu 326-676

Effective Date of Registration: December 30, 1994

KNOW ALL MEN BY THESE PRESENTS that Cooper-Lecky Archtects, P.C. (heremafter "Assignof') in
consideration of the rights of the Government of the United States (heremafter "Assignee") acquired by virtue of the
circumstances under which 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 previously
assigned, transferred, or quitclaimed said copyright in said work to any individual or entity other than the
Government of the United States,

2. Assigns. transfers. and quitclainls to Assi p e e , as represented by the Secretary of the Anny, all Assignor's right
title, and interest of every kind and nature in and to all copyrights, copyright licenses, and copyright interests of
every kind and nature, and any and all renewals and extensions thereof that may be secured under all laws now or
hereafter in force and any and all causes of action heretofore accrued in the Assignor's favor for lnfnngement of
such 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 all
steps and execute, acknowledge and deliver to the Assignee any and all further instruments and assurances necessary
or expedient in order to vest the aforesaid copyrights, copyright licenses, and copyright interests more effectively in
the Assignee.

In WITNESS WHEREOF the Assignor has caused this Assignment of Copyright to be signed in its corporate nanle
by its duly authorized officer and corporate seal to be hereunto affixed this day of . '-

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

State of

County of

Onthe day of ,- before me personally came


to me known, who being by me duly sworn, dld depose and say he resides in that he is the
of the corporation described in and which executed the above instrument; that he known the
seal of said corporation; that the seal fixed to said instrument is such corporate seal; that it was so affixed by order
of the board of directors of said corporation and that he signed his name thereto by like order.

(signature of notary public)

(notary seal) My Commission Expires:

G212
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 21 of 47

G213
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 22 of 47

G214
--- NAB @I0i.3
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 23 of 47
KOREAN WAR VETERANS MEMORIAL PRODUCTIONS,

Mr. Arnold Goldstein


U.S. Department of t h e Interior
Nationd Park Service
9UU Ohio Drive, SW
Washington, DC 20242

Re: k"WVM Productions, Inc.


95001
.. --
Dear m e ,
This is in response to your letter on the Korean
Memorial. You may consider this
however, like to ask two things in retum-
i
1. W e would appreciate having the opporlunity to any written information prior to
publication - just to en.wre the accuracy of events, histo
I
2. We are trying to develop photo records, seasonal images, etc. of the Memorial. G n we secure a pass
or permit slip to allow our photographer a c c e s to the site? This would ideally be opn-cnded so w e
muld shmt on short notice to catch a slnrise, or snow slorn'l, fog, etc.

Pleasegive me a call when it's c o n v d e n t . Have a great holiday, and good luck with your publication.
As an inside, we have a good many photos that you are welcome to use if YOU need them. See you soon.
-/--

w
ccr. G r o l Highsmith ,..

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

G215
.
' i
,' ..
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 24 of 47

i
: COOPER-LECKY
Planning
Interior D e s i g n

J u l y 25. 1997

~upe&kndent
National Capital Park CenLTal -
900 Ohio Drive, SW
Wahhington, D.C. 20024 2000 -
De, Sir
I was somewhat surprised ye-starclay,.ulhilo at the Kur-I War Veterans Memorial,
to receive t.he endosed brOChu~e.M W e giving credit Co the sculptor (Frank Caylord)
t~rriceand the muralist (Lou15 Nelson), your handout failed to mention Cooper- Leclcy
Architect..., the designers and arrhitetts for the overall memonal
I
After working hard for iive long years to bring this memorial to budtion and after
struggling with our duechon d L * L the~ sculptor and the mumlist, ignore crcdrtlng
our contribut.ion is both awkward and embarrassing - Li, sap nothing of illegal.
IL"WVM production^, Inc. holds the copyright on all aspeca of thc P m o r i a l s n d
must grant approval for any use of images of tho M e m o d
1
1 w o k the first rendition of this handoul for the NPS - Chat has apparently becn
updated Your rangers at the site alert-people to the fact that there ia a copyright on
Qe de~igna 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 ~
requirement for
your on- use.

We do not int.snd to take legal acfion,but we must insist that crediting be changed
immediately. Please forward a copy 6f your revised verbage for the handout a t your
carliest conveniencs.
Up to this point, we had been working closely tsfith your public relations st&. I can't
imagine how t h i ~happened. without our involvement. Whoever wmte t h piece
elearly did not understand, that bath Gaylord and Nelson were retained and
contracted by Coopcr*hckyArchitmts. They ;??.worked undq our v e l y close direction
throughout the ldc of the design and construction.

We look forward tp hearing horn you m n .

Very truly ~ 0 ~ 6 ,

COOPER LECKY A~CHITECTS,PC


W P S M W T ~ 10W
~ : Potornac Slresr, NW Washing(on. DC 20007
2021335-2310 Fax 202&33-6962
RICHMOND- 4215 Perk PI&.? Cbun Glen Allen, VA 23M0
804ff47-6dBO Fax 8Mn47-6155

G216
# . 09/23/99 TEU 0 8 : 1 2 FAX 7 0 3 696 6666il ABIC-WO ~ 0 0 1
Case 1:06-cv-01921-WMN Document
( F R I19-1 99 3 4:
) 6. 4' Filed 04/10/07 Page 25
28/ST. 14.27,"NO. of 47
4860803924 P 2
-- -

F;Pn TO:
JorJ ma?

k:
I I
The Korean W y V c t m s Memorial

Probably two years 1 scnt.you n l m r of complaint and gal no response. I am d l i n g again today
with the same pr&l Hopefully, fhistime I can get a11mswer.

I am a Mlcipl in of Cooper-Lecky Architects. We were llrc Architects for L11@ Korean War
Record for thc VI- Veterans Memorial. We havc
tl mpyxight on dl i rdarad 10 the Korean War Vetecm Memorial. The National Park Scrvice i s
directed [a US by NPS p e r s o ~ eat -
l !he sib requesting

Shortly aficr tho Me ~ , offices published a harklout, printed in the Lhwsands, for
d e d i d o ~your
ready ac-s to the No onc callcd our offias mqucdng outhorhdiun to rep~duceimages of

fnmlllar tlw baekgro


As I said in ~ n y years ego, we arc not proposing ra We a lawsuit. Thc unauthorized
dsome; we arc nd proposing to dclete thcm We are respecdully rquesting
-
be corrected. To say rhat it is embarrassing to hkc friends and clietlts to
why we are no1 mentioned as the lead designers - is a mjor
understate~lml .
ask us to wail another rwo years Wore
Thc namc bfthe fum has c-d in the
appreciate a ~ 1 1 1in response 10 dds letter within Lhc next two weeks.

I thank you f a your cdopcration in maUcr. 1 anziously a m i t your call.


CUrnA, LLP
lam Poromoe Sheer. 1\%'
Suke 903
V a h p n , DC
20001-9528
Tsl 202 333SZ4
P w 202 333-6-
l o ~ C U H U . a o m

7814 Carowd Law


Sui& 399
R i r k n d , VA

G217
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 26 of 47

w i t h i n the scope and uder the t e r n of the contract, such as contract


modifications issued pursuant t o the Changes clause, o r funding and other
ecfninistrative changes.
(End o f clause)

DISPUTES (APR 1984)

(a) This contract i s subject t o the Contract Disputes Act o f 1978


(41 U.S.C. 601-613) (the Act).
(b) Except as provided i n the Act, a l l disputes a r i s i n g under o r r e l a t i n g
t o t h i s contract s h a l l be resolved u d e r t h i s clause.
(c) oQClaim,Mas used i n t h i s clause, means a w r i t t e n demand o r u r i t t e n
assertion by one o f the contracting p a r t i e s seeking, as a matter o f r i g h t ,
the p e m t of money i n a sun certain, the adjustment o r i n t e r p r e t a t i o n of
contract terms, o r other r e l i e f a r i s i n g under or r e l a t i n g t o t h i s contract.
A claim a r i s i n g uder a contract, u n l i k e a claim r e l a t i n g t o that contract,
i s a c l a i m t h a t can be resolved under a contract clause t h a t provides f o r
the r e l i e f sought by the claimant. Hwever, a w r i t t e n demand o r u r i t t e n
assertion by the Contractor seeking the payment o f money exceeding $50,000
i s not a c l a i m uder the Act u n t i l c e r t i f i e d as required by subparagraph
(d)(2) below. A voucher, invoice, o r other r o u t i n e request f o r payment
t h a t i s not i n dispute when submitted i s n o t a c l a i m under the Act. The
submission may be converted t o a c l a i m w d e r the Act, by conplying with the
submission and c e r t i f i c a t i o n requirements o f t h i s clause, i f i t i s disputed
e i t h e r as t o l i a b i l i t y o r a m m t o r i s not acted upon in a reasonable time.
(d)(l) A c l a i m by the Contractor s h a l l be made i n w r i t i n g and submitted
t o the Contracting O f f i c e r f o r a w r i t t e n decision. A c l a i m by the
Goverrment against the Contractor s h a l l be subject t o a w r i t t e n decision by
the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor s h a l l submit
with the c l a i m a c e r t i f i c a t i o n t h a t - -
(i)The c l a i m i s made i n good faith;
(ii)Supporting data are accurate and conplete t o the best o f the
Contractor's knowledge and b e l i e f ; and
(iii)The amount requested accurately r e f l e c t s the contract adjustment
f o r nhich the Contractor believes the G o v e r m n t i s Liable.
( 3 ) ( i ) I f the Contractor i s an i n d i v i d u a l , the c e r t i f i c a t i o n s h a l l be
executed by t h a t individual.
(ii)I f the Contractor i s not an individual, the c e r t i f i c a t i o n s h a l l be
executed by--
(A) A senior carpeny o f f i c i a l i n charge s t the contractor's p l a n t o r
l o c a t i o n involved; or
(B) A n o f f i c e r o r general partner of the Contractor having o v e r a l l
r e s p o n s i b i l i t y f o r the c c d m t of the Contractor's a f f a i r s .
(e) For Contractor claims of $50,000 or less, the Contracting O f f i c e r

G218
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 27 of 47

11 April 1990
RLFKIN/m-CC
BARNES/G!NA&DDE
Contracting Division SrlVMANN/CFNAE+DE
Contracts Branch
Subject: Contract No. DACA31-90-C-0057
Washington, DC
Mr. W. Kent Cooper, Principal.
Cooper Lecky ~rchitectsP.C.
1000 Potomac Street
Suite 301
Washington, DC 20007
Gentlemen:
In your revised proposal, dated 14 March 1990, you
proposed a fee of $1,100,500.00 for Design and Related Studies in
connection with The Korean War Veterans Memorial, Washington,
D.C. Your proposal is hereby accepted.
You are hereby issued Notice to Proceed with the work. Any
changes in the scope of work or the exercise of any options for
additional work will be directed by the Contractinq Officer in
writing. You are cautioned that only the Contracting Officer may
make such chanqes, and that any additional work undertaken by you
without the prior written authorization of the contracting
Officer is at your own risk.
The subject Contract No. DACA31-90-C-0057, dated 11 April
1990, covering the above work in the form prescribed for a firm
fixed price Architect-Engineer Contract with necessary revisions,
will be forwarded for your execution. Such formal contract will
include all clauses required by the Federal Law, Executive
Orders, and the regulations and directives of the Department of
the Army.
Sincerely,

Bernard E. Stalmann
Colonel, Corps of Engineers
Contracting Officer
Enclosure

CF:
F & A APPROP: 2102050 08-8012 P7000 S18-020
COUNSEL COST CODE: RNO-221-1-899-80003 ($650,000.00)
W. TAYLOR RNO-223-1-899-80003 ($450,000.00)
CENAB-EN-MD

G219
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 28 of 47

Korean War Veterans I4emorisl


m o w s ORAL- mes r , I I

4
! \ a. Cooper lefkv A r c & p y t ~ P.C.
W1. thh umxi?mPbnm rhwort r
- 'workoubchrhlrr"?
A
Nmd-
1
OR' N A T [ Q N O~ R WMICILPI
I R'S MNTiUUUTlON TO
.. - -- tfUb8urmbmlnN I
r i a l and drawing of s i t e ~1an.l I I

'i. 4
1
umeuihcmvthorglranhrpla2.Y
Cooper Lecky Archit c t s P.C.
1000 Potomac Street, .W.
:
1 6ahbuawm

tr*-.
Washington.
- D.C. 200 7 - 1 I
TRANSFERU ttr d&nmYm) numd h-n in r 4 e d;arrnt fmm the 8 u l W 9 ) nd FIEMlTrANCE NUMBER AND OAT€
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
I

G220
1 I
+-- NAB a 1) 1 I:) .
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page
-
29 of 47

*
b.
WRM VA
!

I COPYRIQKC
FOR
OFFICE
I DEmA- USE
RlWSUIifD ONLY

W NOT WFUTE ABOVE THIS LINE. IF YOU NEED YORE SPICE. USE A SEPARATE @WWUA& WE=
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5
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OT)r1,46r6int~dbbnda&p~ly~ulcdhunpublidwdEna
0 bj Iht,a u t t a r ns e
the B n r rgpacltlan I ~ B d f t c d t dzbmnt. 1

1 ~ d & t i o n a l design of memorial; redesiqh and adapCation o f t h n j - t i n y


: w o e and c r e a t i o n ofthe side ~ l a n . I

1
CE G h nma ud ddrtda o which rormplndmcr rbaut thin m F / p l i d i m shauki tw sent, N a r t w - ~ ~ S u w i ~T

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, 3 -.

G221
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 30 of 47

FORM
UNmD STATES IOHT OFFICE

,.--,
wunbw.
Design of memorial, construction of.,scale model.
zkmdr&
3,
'NAMHOP
h.mdw.c
AUTHOR r
I1 , DATES
~ t ~ s OF urn-J
br m mrwr
DBATH

hthla contribution ta h e work a AUTHOR'S NATIONALITY O R DOMICILE S C C I N I R I B L ~ ~ NTD

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y, "wok ma& for ~ " 7N-
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NAh¶E U P AUTHOR 'I

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: l o -a D NO Domidkd ln F.
NATURB OF A W O R S H I P B a y dwxik of tht numirl andby thb muthor in

G222
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 31 of 47

-- --
i1 EEEb
A ~~1
A c v ol comunorrcrmpkumh .P?rb a~ Z Z Z ' Z E L ~ O *
a in. -HWn
Ibmn~~ny~workor~htthlrk.erlisb.ardanminmrpoclbtb~
a
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mapsca
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G223
1 --- NAB
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 32 of 47

DO NOT F I T €ABOVE THIS UHE. LF YOU NEE


~ ~ + ~ , ~ f ~ y # i V f H ~ X $ ~ ~ ~ W ? X " W ~ ~ . W . R i V M & , SW
- S !hCNol-
?wAwmWm:W

$8
x.$ USQ - Korea - 1953
puMkhcd sea cmntbudon 10 a prrlddinl wml. or dl
- give tnformahn . b u t thc
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NAME OF AUTHOR r DATES OP BIRTH AND D U p I
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Year Born r Ycrr DLh-1.r

WA6 THlS A W O R ' S CONTRIBUTION TO


n ro 0-r to rn

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DATES OP BLR1"H AND D M T H


Ycsr B4m V Y s r Ditd T
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Cooper.Lecky Architeots, P.C.


a
1000 Potomac Street, N.W.

G224
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 33 of 47

m7
tMDATE OF
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G225
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 34 of 47

*Application prepared by C.O.; For s l g n a t u ~ M


, T ofigiml *EXAMINED BY P O W VA
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nppucation filed in corrapondenct fllc.
CHECKED BY

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G226
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 35 of 47
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G227
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 36 of 47

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G228
Page 1 of I
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 37 of 47

http://www.koreanwarvetsmemfnd.org/nav-bar. html G229


New Page 2 Page 1 of 1
. Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 38 of 47

WELCOME TO THE GENERAL RICHARD G. STILWELL


KOREAN WAR VETERANS MEMORIAL FOUNDATION, INC.
The Foundation (RGSKWVMF) is dedicated to the raising of funds to recreate an endowment that
will ensure the proper maintenance of the Korean War Veterans Memorial (KWVM) in the
nation's capital. Due to budgetary limitations and the need to prioritize the maintenance of national
monuments, the National Park Service (NPS) is in need of supplementary funding to meet
obligations.

The Foundation will, upon request of


the NPS and as necessary and when
funds are available, grant to the NPS
funds specifically designated to meet
maintenance andlor modifications to
the KWVM. Funds will be raised by
the RGSKWVMF through donations,
grants and the sale of products
depicting all or parts of the KWVM.

The RGSKWVMF holds copyright


control over any and all depictions of
all or any part of the KWVM. Any
such use of copyright for profit by
any individual, business, or corporate
entity that has not been licensed to so
do. is a violation of cowright laws
and they will be prosec<tedY for such. Help us prevent abuse of your rights and notify the Foundation
if anyone tries to use our Memorial to benefit themselves! RGSKWVMF is non-profit, tax exempt!

http ://www.koreanwarvetsmemfnd.org/newqage~2.htm G230


Korean War Veterans Memorial - About the Foundation Page 1 of 1
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 39 of 47

WELCOME TO THE GENERAL RICHARD G. STILWELL KOREAN


WAR VETERANS MEMORIAL FOUNDATION, INC.
The Foundation (RGSKWVMF), was chartered in 1996 in the District of Columbia. I t is a
registered tax-exempt and non-profit organization dedicated to creating an endowment fund
to ensure adequate maintenance of the Memorial.

The Members of the Board of Directors are as follows:


--

A. Former members of the Korean W a r Veterans Memorial Advisory Board


(KWVMAB); (Appointed by the President to select design and raise funds to erect the
Memorial)

B. The Memorial's Sculptor, Frank 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 Chairman
of the KWVMAB who, prior to his death, was instrumental in gaining approval
for the design.

Following dedication of the Memorial on 27 Jul 95 it soon became apparent that, as with the
Vietnam Memorial, an endowment fund for maintenance and modification was needed to
supplement the limited funds available to the National Park Sewice (NPS). In the face of
declining budgets and the need for the NPS to prioritize maintenance of all the Nation's
Memorials, the NPS cannot guarantee adequate maintenance.

This need was dramatically pointed out by the almost immediate need, following dedication, to
make major repairs to the Memorial. These involved replacing the water circulation system to
the memorial pool, revising the lighting system to improve ambient visibility a t night and
placement of additional benches and barriers to prevent visitors from infringing on the line of
sculptures. As late as the end of 1998, these modifications were not completed and the
Memorial 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 fund
dedicated exclusively to the maintenance of the Korean War Veterans Memorial. The
Foundation has been granted full control of all copyrights pertaining to any products
marketed for profit that depict any part of, or the entirety of, the Memorial. I n exercising
copyright, the Foundation may authorize third party marketing or restrict marketing to itself.

To date, only the RGSKWVMF is marketing products. These are being sold a t cost plus a
15% markup to raise endowment funds, as well as S&H costs to cover overhead. There are no
paid employees of the Foundation and, except for advertising and development of products, all
funds are deposited in the endowment fund. As needed, the Foundation will provide grants to
the NPS when NPS funds are inadequate to properly maintain the Memorial. Your support of
this endeavor will ensure that the Korean War Veterans Memorial remains as it was designed
to be!

Help us to achieve our goal! Support the Memorial!

G231
Korean War Veterans Memorial - Products Page 1 of 1
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 40 of 47

WELCOME TO THE GENERAL RICHARD G. STILWELL


KOREAN WAR VETERANS MEMORIAL FOUNDATION, INC.
Have your very own miniature replica of part of the Korean War Veterans Memorial in
the Nation's Capital!

Want a copy of a statue for your very own? Frank Gaylord, the Sculptor of the statues in the
Memorial will create one for you! Your choice of an Army, Navy, Marine, Air Force or
Medical reproduction. Collectors limited edition in bronze with a steel color patina or less
expensive 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: weberl87@prodigy.com

(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 are
limited edition tiles depicting either land, sea, air or medical scenes. Not available anywhere
else except from the RGS Korean War Veterans Memorial Foundation. Only limited amounts
available.

Cost is: $10.00 plus $2.95 S&H

MORE PRODUCTS And ORDER FORM

G232
Korean War Veterans Memorial - About Korean War Veterans Memorial Page 1 of 1
,. Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 41 of 47

The Korean War Veterans Memorial


The Korean War Veterans Memorial is one of the most inspiring War Memorials in our Nation's Capital. Nine
years in the building it cost in excess of 18 million dollars, all of which was raised through private
contributions. Located on the Grand Mall in Washington. DC, the Korean War Veterans Memorial and
Vietnam Memorial are at the ends of the horizontal arm of a cruciform composed of the Washington
Monument at the base of the vertical arm, the soon to be WWll Memorial along the vertical axis and the
Lincoln Memorial at the head of the vertical arm.

The Memorial is unique in that it presents an aura of commitment both by a generation of young American
soldiery as well as their comrades from 20 other nations of the United Nations and the Republic of South
Korea. Dedicated to the concept that "Freedom Is Not Free", the Memorial does not glorify war but rather the
determination of our peoples to assist other people in preserving their freedom!

Unique among war memorials, and one of the most visited, the Korean War Veterans lblemorial features a
column of 19 sculptures representing those members of the Armed Forces of the United States that directly
engaged the enemy in ground and air combat and depicts the ethnic and racial makeup of those forces. The
sculptures are flanked by a Wall filled with scenes of the war. The Memorial Pool at the head of the Memorial
Is dedicated to the remembrance of those killed in action, wounded in action, missing in action or held as
POWs by the enemy. Look closely at the numbers and you will understand why the "Police Action" now must
be called a "War"!

As surely as World War II was fought to save the world for democracy it can be said that the Korean War was
fought to save the world from communism! The stand taken in Korea, and the "line in the sand" drawn there
against armed aggression, became the catalyst for the eventual downfall of the goal of communism - to
enslave the world!

Visit this Memorial! See for yourself why it is imperative to ensure that it is maintained properly!

FREEDOM IS NOT FREE!

GEN RGS KOREAN WAR VETERANS MEMORIAL FOUNDATION, INC.


920 East Capitol Street, NE
Washington, DC 20003
Ph: 202-543-2127 Fax: 202-543-0724
E-MAIL: weberl87@,prodigy.com

G233
Korean War Veterans Memorial - Contact Us Page 1 of 1
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 42 of 47

WELCOME TO THE GENERAL RICHARD G. STILWELL


KOREAN 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, NE
Washington, DC 20003
Ph: 202-543-2127 Fax: 202-543-0724

For questions on website and purchase of sale products contact:


Gen. RGS Korean War Veterans Memorial Foundation, Inc.
10301 McKinstry Mill Road
New Windsor, NZD 21776-7903
Toll Free: 1-888-KORAWAR
E-Mail: weberl87@prodigy.com

You can fill in and submit this form and we will be happy to send you more information on the
Korean War Veterans Memorial. Thank you for your interest!

First Name: ) Last Name: I - '


- 1
Address: Address 2:-1
City: ( "State: r Zip Code + 4:7
Phone #: Email Address: 7

G234
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 43 of 47
'I DEPARTMENT OF THEARMY
BAtTlMORE DSTRICT, CORPS OF ENGINEERS
P.O. BOX 1716
6
BALTIMORE, MARYLAND 21 203-1 71 6

3 November 1997

AE ~cquisitionBranch
Contracting Division

SUBJECT: Contract No. DACA31-90-C-0057


Cooper Lecky Architects
Design of Korean War Veterans Memorial,
Washington, DC
Cooper Lecky Architects
1000 Potomac Street, NW
Washington, DC 20007
Ladies and Gentlemen: -. L i

Please complete the enclosed Release


<-
Form (NAD Form 750-R),
.\

and mail to:


U.S. Amy Corps of Engineers
Baltimore, District
10 South Howard Street
Baltimore, 'MD 21201
Attn: Rose Bailey, Room 7200-1
AE Acquisition Branch, CENAB-CT-A
Contracting Division
Kindly provide your response within 7 days from date of
receipt of this letter. If there 1s no response, this contract
will be unilaterally closed out, .and
. . the contract file will be
aI.
.

retired.
My Point of contact for this action is Rose Bailey
410-962-2584.

William C. R ~ ~ I S
chief, AE ~cquisitionBranch

G235
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 44 of 47

The work
L
under Corctracc h m b e r DACA31-90-C-0057 , dated 11 April J990
betbeen the .United States. of America, represented by WILLIAM C = RyALS
Contracting Officer, and the undersigned contractor, having been completed and finally
accepted, the United States, its officers and agents, are hereby released from all
claims and demands whatsoever arising under or by virtue of said contract, except as
follows: (If none, so state.) NONE

Executed this .day of - 19_,

Contractor COOPER LECKY ARCHITECTS


BY: (Signature)
(Title)
Witnesses (two required):

Signature
Hame
Address

Signature
Name
Address

I (If the contractor is a corporation, the following certificate must be executed.)

C E R T I F I C A T E
1, , certify that I am the of the
Corporation executing this release; that who signed
this release on behalf of the,Contractor was then of said
Corporation; that said release was duly signed for and on behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.

I
(Corporate Seal) Signature
Official Title

I 1

NAD Form 750-R (Par. 7(e) SF 23A) GPO urs.v*-


Rev. June 1980
G236
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 45 of 47
QEPARTMENT OF THE ARMY
BALTIMORE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1716
BALTIMORE. MARYLAND 21203-1 716

8 March 1999

AE Acquisition Branch
Contracting Division
SUBJECT: Contract No. DACA31-90-C-0057
Design of Korean War Veterans Memorial,
Washington, DC

Cooper, Lecky Architects


1000 Potomac Street, N.W.
Washington, DC 20007
@ Ladies and Gentlemen:
Please complete the enclosed Release Form (NAD Form 750-R),
and mail to:
U.S. Army Corps of Engineers
Baltimore District
10 SoutkHoward Street- - -
-
-- - -

Baltimore, MD 21201
.r

Attn: Rose Bailey, Room 7200 - I


AE Acquisition Team, CENAB-CT-0-AE -- -- -- -

Contrasing Division
Kindly provide your response with 7 days from date of
receipt of this letter.
- -

My point of contact forthis action is Rose &ley


410-962-2584.

m
2 William C. Ryals
Chief, AE
sw chisi it ion Team

G237
G238
I O N PUS IOeJlS
I
(esleAeM ees)
~lo(ryleuoijouJeaul JOJ esn aou 00
p e p ! ~ o ~edS e ~ e ~ oeDuoJnsu1
3 ON -
L L E Ob9 2 2 L Z
Filed 04/10/07 Page 46 of 47 Case 1:06-cv-01921-WMN Document 19-1
Case 1:06-cv-01921-WMN Document 19-1 Filed 04/10/07 Page 47 of 47

Architecture
Planrhg
Interior Design

November 7, 1997

Mr. Wilham C. Ryals


Chief, AE Acquisition Branch
Contracting Division
Baltimore District
U.S. Army Corps of Engineers
P.O. Box 1715
Baltimore, MD 212030 1715

Re: Korean War Veterans Memorial


CLA 90008

Dear Mr. Ryals:

We are in receipt of your letter and Release Form (NAD Form 750-R) for our work on the
Korean War Veterans Memorial.

There are two problems related to same

1. Bruce Ware h a s stated his hope that monies will become available in the months
ahead to be used for consultancy with Cooper*Lecky on this project.

2. We still intend to submit a request for compensation on addtional services


rendered by Cooper0Lecky over the last two years or so.

As a result of the above, we would prefer to hold the release until these issues are
resolved.

President

COOPER LECKY ARCHITECTS, PC


WASHINGTON: 1000 Potomac Street, NW Washlngton, DC 20007
202/333-2310 Fax 202/333-6962
0 RICHMOND: 4215 Park Place Court Glen Allen, VA 23060
8041747-6480 Fax 8041747-61 55
G239