Arthur Conan Doyle Archives - Robot 6 @ Comic Book Resources

Judge calls Sherlock Holmes licensing fee ‘a form of extortion’

sherlock holmesIn June, Judge Richard Posner gleefully dismantled the Arthur Conan Doyle estate’s case, and confirmed the bulk of the Sherlock Holmes stories belongs to the public domain. However, it turns out he wasn’t quite finished.

As Hollywood, Esq., reports, today the appellate court judge ordered the estate to pay more than $30,000 in legal fees to author Leslie Klinger — and he took the opportunity to get in a few more licks.

Although 50 Sherlock Holmes stories were released before Jan. 1, 1923, the Doyle estate long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Most, including Warner Bros., BBC and CBS, complied, but Klinger — an author, editor and Holmes scholar — refused to pay $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.

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Supreme Court won’t stay Sherlock Holmes copyright ruling

sherlock holmesUnfortunately for the estate of Arthur Conan Doyle, “The Case of the Sherlock Holmes Copyrights” hasn’t developed into much of a mystery, as its efforts to prevent many of the stories and characters from lapsing into the public domain have met with one defeat after another.

The latest came Thursday from U.S. Supreme Court Justice Elena Kegan, who refused to delay the June 16 decision by the Seventh Circuit that the characters and story elements in the first 50 Sherlock Holmes stories are no longer protected by U.S. copyright, and therefore available for other writers and artists to use and adapt.

Considering those stories were published before Jan. 1, 1923, it might seem obvious that they had lapsed into the public domain in the United States. However, the Doyle estate has long been protective of the lucrative property, insisting that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, have complied. But Holmes expert Leslie Klinger, who served as a consultant on Guy Richie’s film adaptations, refused to hand over $5,000 while he was assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.

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Doyle estate can’t stay Sherlock Holmes copyright decision

watson and holmes4A federal judge has refused to stay a Seventh Circuit decision affirming that most of the Sherlock Holmes stories have lapsed into the public domain as the estate of Arthur Conan Doyle appeals to the U.S. Supreme Court.

An attorney for the estate told Law360 the denial on Wednesday by U.S. Circuit Judge Richard A. Posner was “no surprise,” adding that “the real question” is whether the high court will grant the estate’s motion.

Last month the Seventh Circuit upheld a lower-court decision that the elements included in the 50 Sherlock Holmes stories published before Jan. 1, 1923, are in the public domain in the United States. It rejected the Doyle estate’s rather novel argument that the great detective is a “complex” character who was effectively incomplete until the author’s final story was published in this country, leaving the entire body of work protected by copyright.

Doyle’s heirs have long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, complied, but Sherlock Holmes expert Leslie Klinger refused to fork over $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.

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Doyle estate loses appeal over Sherlock Holmes copyrights

watson-holmes6In the end, a federal appeals court didn’t find the case of Sherlock Holmes’ copyright status as mysterious, or as complex, as the Arthur Conan Doyle estate hoped, and today upheld that the bulk of the stories have lapsed into the public domain in the United States.

As Hollywood Esq. reports, the Seventh Circuit Court of Appeals didn’t buy the Doyle estate’s novel claim that Holmes is a “complex” character who was effectively incomplete until the author’s final story was published in the United States, leaving the entire body of work protected by copyright.

Although 50 Sherlock Holmes stories were released before Jan. 1, 1923, Doyle’s heirs have long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, complied, but Sherlock Holmes expert Leslie Klinger refused to fork over $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.

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Doyle estate insists Sherlock Holmes remains under copyright

sherlock holmesThe estate of Arthur Conan Doyle asked a seemingly unsympathetic Seventh Circuit on Thursday to overturn a lower-court ruling that the elements from the first 50 Sherlock Holmes stories have lapsed into the public domain in the United States.

According to Law 360, estate attorney Benjamin Allison insisted that U.S. District Judge Ruben Castillo erred in December 2013 when he rejected the novel argument that the characters were effectively incomplete until the author’s final Holmes story was published in the United States, leaving the work protected by copyright. Castillo instead determined that all but the 10 short stories published after Jan. 1, 1923 are now part of the public domain, permitting writers and artists to use a majority of the characters and elements without paying a licensing fee to the Doyle estate.

The Seventh Circuit’s three-judge panel appeared no more enamored with Allison’s argument than Castillo did, with U.S. Circuit Judge Richard Posner characterizing the estate’s position as a “very aggressive attempt to enlarge copyright law.” He said if the appeals court were to accept the estate’s position, it would create an “irresistible temptation” for copyright holders to keep creating variations of early works simply to keep them out of the public domain.

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Comics A.M. | Judge rules Sherlock Holmes is in public domain

Sherlock Holmes: The Liverpool Demon #4

Sherlock Holmes: The Liverpool Demon #4

Legal | In a decision that will undoubtedly usher in more Holmes and Watson novels, comic books, movies and television, a federal judge has issued a declarative judgment that the elements included in the 50 Sherlock Holmes stories published by Arthur Conan Doyle before Jan. 1, 1923 are in the public domain in the United States. That means creators are free to use the characters and elements from those stories (but not from the 10 published after 1923) without paying a licensing fee to the protective Arthur Conan Doyle Estate Ltd.

The ruling came as a result of a lawsuit filed early this year by Leslie Klinger, who served as an adviser on director Guy Ritchie’s two Sherlock Holmes films and with Laurie R. King edited In the Company of Sherlock Holmes, a collection of new stories written by different authors. Although Klinger and King had paid a $5,000 licensing fee for a previous Holmes-inspired collection, their publisher received a letter from the Conan Doyle estate demanding another fee; in response, Klinger sued. [The New York Times]

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