Showing posts with label post-1923 Holmes stories covered by US copyright. Show all posts
Showing posts with label post-1923 Holmes stories covered by US copyright. Show all posts

Saturday, January 4, 2014

The copyright case: Sherlock Holmes at the center of legal debate; Associated Press via CBS News, 1/3/14

Associated Press via CBS News; The copyright case: Sherlock Holmes at the center of legal debate: ""Whatever decision they make will essentially determine the fate of many characters, not just Sherlock Holmes and Dr. Watson, but very intricate characters such as James Bond. ... What happens as copyrights expire on Ian Fleming's original stories?" said Doyle estate attorney William Zieske. The ruling could also weaken the value of the Sherlock franchise to the point that major publishers and movie producers could also decide to move ahead with projects without licensing deals, said Paul Supnik, a Beverly Hills, California, attorney specializing in copyright and entertainment law who was not connected with the case. "At the very least it's going to affect the bargaining power as to what the estate can do in trying to sell it to the studio," Supnik said. At the heart of the dispute is whether a character can be copyright protected over an entire series of works."

Monday, December 30, 2013

New Sherlock Holmes mystery: Where's my copyright?; Los Angeles Times, 12/30/13

Hector Tobar, Los Angeles Times; New Sherlock Holmes mystery: Where's my copyright? : "The court case required U.S. District Judge Rubén Castillo to become something of a Sherlock Holmes expert, and in a 22-page ruling issued last week in Chicago, he began by summarizing the four novels and 56 short stories Conan Doyle wrote about the fictional detective: The character first appeared in 1887. The final 10 Holmes stories appeared in the U.S. in 1923... Castillo's ruling allows anyone to use the Holmes character as long as they don’t use elements from the 1923 stories, which include details about Holmes’ and Dr. Watson’s past. "Conan Doyle fails to offer a bright line rule or workable legal standard for determining when characters are sufficiently developed to warrant copyright protection through an entire series," the judge wrote."

Saturday, December 28, 2013

Sherlock Holmes is public property … but steer clear of Watson's second wife; Guardian, 12/27/13

Tom McCarthy, Guardian; Sherlock Holmes is public property … but steer clear of Watson's second wife: "Prospective authors of Sherlock Holmes fan fiction take heed: under a new court ruling, you may write that Sherlock Holmes was a cocaine-addicted martial arts aficionado cohabiting occasionally at 221B Baker Street, with a friend called Dr Watson. You may not, however, freely describe Dr Watson's own athletic background, the juicy fact of his second marriage or the circumstances of Holmes's retirement. A US district court in Illinois found itself wading into the details of the fictional detective's imaginary life this week in a copyright ruling on a forthcoming collection of original short stories featuring Holmes characters. An editor of the new book, In the Company of Sherlock Holmes, asked the court in effect to enlarge the elements of the Holmes story that are in the public domain. The court reinforced the public domain status of much of the work but denied part of the motion by the plaintiff, Leslie Klinger... Ten Holmes short stories, however, were published after 1923, the public domain threshold pinpointed by Melville Nimmer in his authoritative Nimmer on Copyright... The ruling applies only to the US. The entire Sherlock Holmes canon has been in the public domain in Britain since the end of 2000."