Sherlock Holmes Stories Now Part Public Domain, Part Copyright-Protected
More than 127 years after it first appeared in print, the stories of Sherlock Holmes and his sidekick, Dr. Watson, appear to be as popular as ever. A Warner Brothers franchise, starring Robert Downey, Jr. and Jude Law, and also a BBC television crime series adaptation following a modern-day Holmes and Watson in London, are just a few of the variations that continue to draw followers. And Chief Judge Ruben Castillo of the U.S. District Court for the Northern District of Illinois issued a ruling last Friday that should help ensure that such new adaptations of the story continue to thrive. The civil suit, filed last February, was filed by Sherlock expert Leslie S. Klinger. Mr. Klinger edited a new anthology of Sherlock stories entitled “In the Company of Sherlock Holmes.” When he began efforts to publish the anthology, the Estate demanded a licensing fee, which interfered with Mr. Klinger’s publication efforts. Mr. Klinger then sued the estate, claiming that the characters and related story lines associated with Sherlock and Watson are in the public domain and should be free for public use. Four novels and 44 stories written by Arthur Conan Doyle, from 1887 to 1922, are no longer subject to copyright protection by the Estate and are now in the public domain. Only ten short stories, each published after January 1, 1923, still remain protected. The Estate argued that the characters were not fully developed until the last story was written, and so the characters are still subject to copyright protection.
Judge Castillo ruled that any character elements found in the first four novels and 44 stories written prior to 1923 were, indeed, part of the public domain and free to new interpretation by modern authors and artists. Only the characters traits that are specifically developed in the final ten short stories remain subject to license fees by the Estate. In the United States, copyright protection for artistic works by an individual extend for the life of the author, plus 70 years. The Estate benefits nine indirect heirs of Conan Doyle. The copyright term on the these final ten stories will be expiring over the next eight years.
The Doyle Estate is considering appealing the decision.
Source: http://www.npr.org/2014/01/07/260471980/sherlocks-expiring-copyright-its-public-domain-dear-watson http://blogs.wsj.com/law/2013/12/27/plot-twist-in-sherlock-holmes-case/
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