Subj: The Artist Formerly Known as Prince Wins a Five Year...

Date: 6/23/99 11:57:52 AM Pacific Daylight Time

From: AOL News



The Artist Formerly Known as Prince Wins a Five Year Court Debate Over Copyright of His 'Symbol-Shaped Guitar



NEW YORK--(ENTERTAINMENT WIRE)--June 23, 1999--In a case that spanned five years, two judges and numerous lengthy proceedings, the U.S. Northern District Court of Illinois decided to dismiss an alleged claim of copyright infringement filed against the world-renowned musical composer and performer The Artist Formerly Known as Prince.



It began in 1994, when a guitar-maker named Ferdinand Pickett filed suit against The Artist claiming The Artist performed with a Symbol-shaped guitar which resembled one that Pickett had made. He alleged that this was infringement of his own copyright in a Symbol-shaped guitar. The court decided in favor of The Artist, based on the fact that Mr. Pickett could not claim copyright infringement for something that was derivative of a symbol already copyrighted by The Artist Formerly Known as Prince.



L. Londell McMillan, representative of The Artist, comments, "It is good when truth prevails. Despite the academic nature of the Plaintiff's copyright claims we felt he was merely attempting to extract money from The Artist. We refused to accept his behavior and were determined to see this through to justice."



This victory was a long time coming as this copyright debate spawned multiple motions and teetered to the brink of trial. The central issue for the court became whether Pickett had an enforceable copyright in the Symbol-guitar as a derivative work. In July 1997, The Artist brought counterclaims for copyright infringement against the guitar-maker. After various motions and court proceedings, the court granted The Artist's motion and the case was dismissed by Judge Rebecca R. Pallmeyer.



The court's decision in favor of The Artist was based on the following; Ferdinand Pickett's Symbol-guitar is a derivative work of The Artist's copyrighted Symbol. The Artist did not authorize his use of the Symbol, hence the Plaintiff does not have an enforceable copyright in his Symbol-guitar. In granting the copyright protection to Pickett in this case, it would have deprived The Artist of his exclusive right to produce additional derivative works based on his Symbol. Such a dilution in rights would have been an inappropriate result under the Copyright Act.



The Artist Formerly Known As Prince, one of the most important musical artists of all time, is committed to setting forth a revolutionary and empowering new phase in his career. In the upcoming months, we can expect a number of similar victories, not only on his own behalf but for artists everywhere.



--30--tia/ah/ny es



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