Cooper-Lecky Government Opinion

EXHIBIT A

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CERTIFIED MAIL

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RETURN RECEIPT REQUESTEDFebruary 23,2000Contracting DivisionSUBJECT: 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

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contract for design and constructionof the KWVM. One of the principals of that firm waslis Mr. William Lecky. The

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

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President of KWVM Productions, Inc., again complains to NPS regarding thebrochure distributed at the ~~~~.koo~er-Leck~aintains that "KWVMProductions, Inc. holds the copyright on all aspects of the Memorial and must grant

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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 imagesrelated to the Korean War Veterans Memorial" (Tab 7).4

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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 War Veteran's Memorial Productions, Inc., is, of course, not the prime contractor undercontract number DACA31-90-C-0057. Nevertheless, this entity appears to be operating under thedirection of Mr. William Lecky, one of the principals of the contractor.

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KWVM Productions, Inc., appears to be the same entity as Korean War Veteran's MemorialProductions, Inc.

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It is believed that CUH2A, L.L.P., is a successor firm to Cooper-Lecky Architects, P.C., in the sensethat the firm now does business as CUH2A, L.L.P. However, it does not appear that Cooper-Lecky

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Architects, P.C., was ever formally dissolved, and there was never

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novatiin of the contract tosubstitute CUH2A, L.L.P.. as the replacement contractor on this project.

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