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March 18, 2009 AT 7:00 PM
SAN DIEGO CALIFORNIA - Controversy swirls around one of the famous moments in the history of photography: a sailor kissing a nurse on V-J Day in Times Square on August 14, 1945 . The late Alfred Eisenstaedt, one of the 20th century's great photojournalists took the picture. Now, it's a 25-foot, 6,000-pound sculpture by J. Seward Johnson called Unconditional Surrender and it's on display courtesy of the Port of San Diego, in the G Street Mole Park downtown. It appears as if the artist never asked permission to mimic the couple from the picture in three dimensions. A Life spokesperson said: "Since Time Inc. holds the copyright to that photo and the artist did not obtain our permission to create the sculpture, unfortunately the sculpture is an infringement of our copyright".