Tuesday, June 17, 2014

Feel Free to Handle Holmes

We can only wait to see the legal repercussions of this ruling:
A federal judge has rejected a copyright appeal brought by the estate of Sir Arthur Conan Doyle, opening the way for writers, filmmakers and other creators to make free use of Sherlock Holmes, his sidekick Watson and any elements of their story that appeared in Conan Doyle works published prior to Jan. 1, 1923.

The ruling, issued by Richard Posner of the Seventh Circuit Court of Appeals, affirmed a district court ruling, last December, that the characters were no longer protected by American copyright, and so could be used without paying any permission fees.

In a ruling that cited “Star Wars” as well as Shakespeare, Judge Posner also rejected the estate’s claim that Holmes was a “complex” character, who in contrast to “flat” characters like Amos and Andy, was not fully fleshed out until Conan Doyle laid down his pen, and so remained under protection until the last copyright on the 10 Holmes stories published after 1922 expires.

“What this has to do with copyright law eludes us,” Judge Posner wrote tartly.
You can read more on this decision here and here.

No comments: