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Comics A.M. | Case of Sherlock Holmes rights isn’t over just yet

Sherlock Holmes: The Liverpool Demon #2

Sherlock Holmes: The Liverpool Demon #2

Legal | As the dust begins to settle on the ruling last month by a federal judge that Arthur Conan Doyle’s first 50 Sherlock Holmes stories have lapsed into the public domain in the United States, out march the analyses pointing out the buts. Chief among them, of course, is the possibility of appeal by the Conan Doyle estate, which contends the characters were effectively incomplete until the author’s final story was published in the United States (the 10 stories published after Jan. 1, 1923, remain under copyright in this country until 2022).

However, Publishers Weekly notes that because U.S. District Judge Ruben Castillo didn’t rule directly on that “novel” argument, the estate may be satisfied with the ambiguity of the decision, given that uncertain creators still may seek to license the characters to steer clear of any trouble. Estate lawyer Benjamin Allison also insists that the Sherlock Holmes trademarks remain unaffected, an assertion that puzzles author and scholar Leslie Klinger, who brought the lawsuit. “There is a very good reason why the Estate did not assert trademark protection: The Estate does not own any trademarks,” he told PW. “They have applied for them, and there will be substantial opposition.” There’s more at NPR, The Independent and The Atlantic. [Publishers Weekly]

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