The Copyright Mystery of Sherlock Holmes
Sir Arthur Conan Doyle wrote the Sherlock Holmes stories at various times between 1887 and 1927. Leslie S. Klinger is a living expert on the mystery and thriller genres in literature, including the Canon of Sherlock Holmes. The Canon “refers to the four (4) novels and fifty-six (56) stories by Sir Arthur Conan Doyle featuring the fictional character of Sherlock Holmes and other related characters and story elements,” according to a declaratory judgment lawsuit recently filed in federal court concerning the copyright status of the works.
Klinger believes that the Conan Doyle Estate, Ltd. is wrongfully claiming copyright ownership in the certain aspects of the Canon of Sherlock Holmes. Klinger was on the receiving end of an attempt at copyright enforcement by the Sir Arthur Conan Doyle Estate. Klinger was co-editing a collection of stories inspired by the Sherlock Holmes canon and feature characters and other elements from the Holmes stories. The Doyle Estate contacted the publisher demanding payment of a license fee, and claiming that the character is still protected under copyright until 2023, and asserting that if the book was published without payment of the license fees, it would block distribution of the book through many major distributors. The publisher subsequently dropped the book from publication. Klinger then filed a declaratory judgment action in federal court. The action seeks a judicial determination that the copyright for the works in question have expired in the United States and thus are in the public domain. The suit also requests that the court enjoin the Doyle Estate from further asserting rights in the works at issue.
Copyright in the United States confers exclusive rights to the copyright holder for a limited period of time. While that period of time lasts for quite a long time (for works created after January 1, 1978, life of the author plus 70 years), the work will eventually be released into the public domain. But for works published prior to January 1, 1978, there are different standards. For works published between 1923 and 1977 that were published with proper notice and renewed properly, they may be protected still depending on the year of publication. And for works published before 1923, as many of the Sherlock Holmes stories were, copyright has already expired and they are in the public domain.
Once the copyright term was expired, works automatically enter the public domain, meaning that anyone is able to copy, distribute, display, and create derivative works based upon the work.
These different standards can be the source of much confusion. However, many content owners resist this notion and maintain that certain works or characters are still protected under copyright law.
For more information:
Mike Masnick, “Arthur Conan Doyle Estate Sued to Show that Sherlock Holmes Is Public Domain,” https://www.techdirt.com/articles/20130215/15093722002/arthur-conan-doyle-estate-sued-to-show-that-sherlock-holmes-is-public-domain.shtml (Feb. 15, 2013).
https://copyright.cornell.edu/resources/publicdomain.cfm
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About Author
JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.