SHERLOCK BELONGS TO THE AGES…
0525 by Jeff HessUS copyright lasts for anywhere from 95 years, or the life of the creator plus 70 years, depending on a number of factors, such as when it was published and whether it was a hired work.
Initially, [Sir Arthur Conan] Doyle’s estate didn’t show up to court for the complaint. When [Leslie] Klinger filed a motion for summary judgment, the estate argued against Klinger’s right to use the character and for even greater copyright protection.
Klinger prevailed, and Doyle’s estate appealed.
That appeal prompted the seventh circuit court judges’ scathing affirmation of the expiration of copyright.
The estate argued that copyright should continue to apply because Holmes was made a more “round” character in the last 10 stories.
“Flat characters thus don’t evolve. Round characters do; Holmes and Watson, the estate argues, were not fully rounded off until the last story written by Doyle. What this has to do with copyright law eludes us,” wrote Judge Richard A Posner in the court’s opinion.
The decision is one of the few where a reader might find a federal court discussing Star Wars. Judges said that the estate’s argument was tantamount to an argument that copyrights on Star Wars, Episodes IV, V and VI were extended because of the release of Episodes I, II and III.
“We don’t see how that can justify extending the expired copyright on the flatter character,” Posner wrote.
–Jessica Glenza writing in Sherlock lives in public domain, US court rules in case of the heckled brand for The Guardian.
I think that every fiction writer at one time or another has considered, attempted and possibly completed an act of fan fiction and homage to Sir Arthur Conan Doyle. (I certainly did in an unpublished novel written in the ’90s). The authors of the original, famously like Anne Rice when she told fans of Lestat to get their own damn characters, have a point. If your work is derivative, then you’re not really creating are you? Yes, yes, yes, I know, all stories refer to certain archetypes and even Shakespeare stole the idea for many of his plays, but the writing itself does count.
In his only legislative action that anyone will ever remember, Rep. Sonny Bono (minus Cher), acting as the paid stooge of Mickey Mouse’s masters, labored to see the Copyright Term Extension Act Mickey Mouse Protection Act passed. While Bono died on 5 January 1998, the Act passed on 7 October of that year.










