Is My Work Protected By Copyright if it is Based on Someone Else's Copyrighted Work?No, not according the court in Picket v. Prince (the Prince case). [*1]
What happened in the Prince case?
In 1992, Prince, a popular musician, began referring to himself as an unpronounceable symbol, expressed verbally as the Artists Formerly Known as Prince. Prince trademarked that symbol and copyrighted it as a visual art.
In 1993, Picket made a guitar in the shape of that symbol and showed it to Prince. Soon after, Prince appeared in public playing a guitar similar to Pickett’s.
What did Picket argue?
Picket claimed the right to make a guitar based on Prince’s copyrighted symbol. His guitar has original elements, and at least those original aspects should be protected by copyright.
What did the Court say?
Sorry Picket. The owner of a copyright has the exclusive right to make creative works based on that copyright. [*2] It does not matter that Picket’s guitar has original elements. “Picket could not make a derivative work based on the prince symbol without Prince’s authorization even if Pickets’ guitar has a smidgen of originality.”
What does this mean?
When creating something based on a copyrighted work, you need the copyright owner’s permission. This is true even if your work has even a “smidgen of originality.”
DISCLAIMER: The information published is not legal advice. Do not rely on the information in this fan page. Consult a licensed attorney with any questions you have regarding your specific legal questions.
[*1] Pickett v. Prince 207 F.3d 402 (7th Cir.2000)
[*2] A work that is based on an existing work is referred to as a “derivative work.”
