Sunday, February 17, 2013

postheadericon Arthur Conan Doyle Estate Sued To Show That Sherlock Holmes Is Public Domain

4:04 AM | Posted by ProJ | | Edit Post
A little over three years, we had a discussion about whether Sherlock Holmes was public. As our understanding of the law, the absolute is in the public domain. It is a remnant book

Memories of Sherlock Holmes - which contains stories that are still covered by the copyright, but the characters and most of the writings are in the public domain. However, the legal representatives of the real Sir Arthur Conan Doyle used the fact that a book is always held the copyright to argue that the character is protected until (at least) 2023. Of course, as with things like Happy Birthday, but should be in the public domain, so anyone insisting that morality is covered by copyright, you do not have to go to court to prove otherwise. And most people do not bother.
Fortunately, this has changed when it comes to Sherlock Holmes. Sherlock Holmes scholar Leslie S. Klinger, working on a book (with Laurie R. King) called

companion of Sherlock Holmes

, stating "more mystery/sci- fiction / fantasy stories inspired by authors Holmes. "However, the Conan Doyle estate in touch with his publisher, Pegasus Books, requiring a license fee, and that if not paid, would ensure that there are no large dispensers to sell the book. More specifically, the firm directly threatened:

continuous instead of conducting studies in Sherlock II without a license, do not expect to see it sold on Amazon, Barnes & Noble, and similar retailers. We work with companies is regularly to remove the unauthorized use of Sherlock Holmes in their offers, and will not hesitate to do with his book.


Like many publishers, Pegasus took fright and refused to publish the book at all, so Klinger took it upon himself to ask the declaration. You can see the full presentation posted here (and rooting).
rating points that trial Sherlock Holmes characters have always been in the public domain, and even the remaining book includes two stories that are clearly in the public domain, as have been published before 1923. But the most important is that "none of the elements of the Sherlock Holmes story appeared in one of the stories that have been collected in the book of Sherlock Holmes." In other words, all the elements of nature protected copyright have been published outside of this book, and are now in the public domain. Continued
also asserts that the publisher and Klinger king in an earlier book,
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