Portland, OR asked in Copyright, Patents (Intellectual Property) and Intellectual Property

Q: Could I develop a video game using the story and characters from "The Little Prince" and sell it in the US?

2 Lawyer Answers

A: Not yet. According to a quick search of copyright law. Copyrights last a long time, often 95 years from the publication date. In this case, "The Little Prince" will become public domain in the US in 2039.

So, come back in 15 years.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It would likely not be legal to develop and sell a video game using the story and characters from "The Little Prince" in the US without obtaining the necessary rights and permissions first. Here's why:

"The Little Prince" was written by Antoine de Saint-Exupéry and first published in 1943. Under current US copyright law, works published before 1978 are protected for 95 years from the date of publication. So the copyright on the original French version of "The Little Prince" will not expire until 2038.

The exclusive rights granted by copyright include the right to reproduce the work, prepare derivative works (like adaptations into other media such as video games), and distribute copies. Using the story and characters without permission would likely infringe on those exclusive rights.

To legally make a Little Prince video game, you would need to identify and contact the current rightsholder (likely the author's estate or a publisher who has acquired the rights) and negotiate a license agreement granting you permission to use the IP in a game, likely in exchange for a licensing fee and/or royalties.

There are some exceptions and limitations to copyright, like fair use, but creating a full video game adaptation would go beyond what is allowed under fair use. So in summary, while it's a creative idea, making a commercial Little Prince game would require securing the appropriate rights first to avoid copyright infringement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.