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[Ripclawe]

No Fiction, not that Sherlock, calm down.

http://www.cnbc.com/id/101298769

A federal judge has issued a declarative judgment stating that Holmes, Watson, 221B Baker Street, the dastardly Professor Moriarty and other elements included in the 50 Holmes works Arthur Conan Doyle published before January 1, 1923, are no longer covered by United States copyright law, and can be freely used by new creators without paying any licensing fee to the Conan Doyle estate.

The ruling came in response to a civil complaint filed in February by Leslie S. Klinger, the editor of the three-volume, nearly 3,000-page “Complete Annotated Sherlock Holmes” and a number of other Holmes-related books. The complaint stemmed from “In the Company of Sherlock Holmes,” a collection of new Holmes stories written by different authors and edited by Mr. Klinger and Laurie R. King, herself the author of a mystery series featuring Mary Russell, Holmes’s wife.

Mr. Klinger and Ms. King had paid a $5,000 licensing fee for a previous Holmes-inspired collection. But in the complaint, Mr. Klinger said that the publisher of "In the Company of Sherlock Holmes," Pegasus Books, had declined to go forward after receiving a letter from the Conan Doyle Estate, a business entity organized in Britain, suggesting the estate would prevent the new book from being sold by Amazon, Barnes & Noble and "similar retailers" unless it received another fee.



Chief Judge Rubén Castillo of the United States District Court of the Northern District of Illinois, Eastern Division, rejected the estate's claim that the characters and the basic Holmes storyline themselves remain under copyright, since they were not truly completed until Conan Doyle stopped writing. The judge did caution, however, that elements introduced in the 10 stories published after 1923—such as the fact that Watson played rugby for Blackheath—remain protected.

In a telephone interview, Mr. Klinger said he planned to go forward with "In the Company of Sherlock Holmes," which he said carefully avoided any post-1923 elements. He also praised the ruling for opened the way to other creators, many of whom had previously paid licensing fees to the estate but rallied to Mr. Klinger's cause under the Twitter hashtag #FreeSherlock.

"Sherlock Holmes belongs to the world, and this ruling clearly establishes that," he said. "People want to celebrate Holmes and Watson, and now they can do that without fear."

 

[DrForester]

War with UK imminent?

 

[Yagharek]

Now for Mickey Mouse.

 

[wenis]

I can finally have my sherlock holmes erotic fan fiction published! hurrah!

 

[Cyan]

I can finally have my sherlock holmes erotic fan fiction published! hurrah!

You're gonna have to cut the line about Watson's "thick, rugby-playing frame."

 

[metalslimer]

Now for Mickey Mouse.

Ha...hahaha...yeah

Have a better shot at Mario going into the public domain.

 

[gabbo]

Now for Mickey Mouse.

Will never happen. Disney will fight that until they're broke.

 

[Shadowlink]

Crazy how public domain works.

 

[krae_man]

Now for Mickey Mouse.

Oh man, I hope I see the day a president/congress/senate refuses to grant another extension.

 

[Chichikov]

Will never happen. Disney will fight that until they're broke.

Yes they will, and fuck them, fuck them so hard.
They are wrecking the public domain and they do it for a character no one gives a shit about anymore.

But Republicans are all "pro-business" and democrats have very strong California/movie industry ties, so there's really no political force the fight the good fight.

 

[NotTheGuyYouKill]

Fiction can now publish legit Sherlock fiction?

I'm rooting for you, girl.

 

[ScrubJay]

So in other words we're in for more shitty Sherlock adaptations.

Guess I'd better watch the Robert Downey Jr. adaptation tomorrow. That's as good as it's going to get.

 

[foxtrot3d]

So in other words we're in for more shitty Sherlock adaptations.

Guess I'd better watch the Robert Downey Jr. adaptation tomorrow. That's as good as it's going to get.

There is only one Sherlock nowadays and he has massive cheekbones and a Hobbit as his sidekick.

 

[NuffDREW4two]

Cue the influx of Sherlock Holmes branded dildos.

 

[Yagharek]

Will never happen. Disney will fight that until they're broke.

Send them broke then.

Disney are the cunts responsible for ruining copyright for the rest of the world.

 

[Neuromancer]

Now for Mickey Mouse.

Will never happen. I wish it would though.

Amazing how all it takes is one company with almost unlimited money to effectively nullify a concept like 'public domain.'

 

[G-Fex]

When does Cucumberbach go on public domain?

 

[ganon]

So in other words we're in for more shitty Sherlock adaptations.

*sigh*.. I'm afraid so.

 

[TheKaeptain]

Send them broke then.

Disney are the cunts responsible for ruining copyright for the rest of the world.

Sonny Bono is far more responsible than Disney. Disney gave the final push but Bono was the one that lobbied the most for it and presented the act.

 

[DiscoJer]

But Republicans are all "pro-business".

Really, they are more pro big-business than business.

Things going into the public domain after a certain time encourages business. People create stuff and sell based on popular properties that sell. The original creator of a work has incentive to make more stuff, rather than rest on his laurels.

I can certainly understand wanting to see a spouse or children have something, but it's gotten to a point where it's their great-grandchildren, or people who had nothing whatsoever to do with the original person (Robert Howard, for instance, his rights are claimed by some company in Scandinavia. He died childless in Texas).

I mean, look at all the Dracula movies, books, novels, comics. If it weren't public domain, it wouldn't have happened. The current zombie craze owes a lot to Night of the Living Dead inadvertently entering public domain

 

[Suikoguy]

Yes they will, and fuck them, fuck them so hard.
They are wrecking the public domain and they do it for a character no one gives a shit about anymore.

But Republicans are all "pro-business" and democrats have very strong California/movie industry ties, so there's really no political force the fight the good fight.

I'm still unsure where I stand on the public domain debate.

I can see the argument that if a company created and still uses a particular character/property that they should continue to have rights for continued exclusive use.

On the other hand, after X number of years has passed, and the original creator has moved or passed on, I can also see the other side of the argument. In particular when it becomes held by an "estate" and just becomes a license.

Either way, I don't think that right should extend to creations that were made with that character. Those should enter public domain after X number of years.

 

[Cereal KiIIer]

Time to make Mickey Mouse public domain un the UK.

 

[NotTheGuyYouKill]

*sigh*.. I'm afraid so.

Hey, what if the next adaptation had Mads play Sherlock.

Spoiler

Or Moriarty.

OR BOTH IN A DOUBLE ROLE, OH MY GOD.

 

[Valhelm]

In 20,000 years the world could be inhabited by telepathic slug-people but Mickey Mouse will still be a copywrighted character.

 

[Chichikov]

I'm still unsure where I stand on the public domain debate.

I can see the argument that if a company created and still uses a particular character/property that they should continue to have rights for continued exclusive use.

On the other hand, after X number of years has passed, and the original creator has moved or passed on, I can also see the other side of the argument. In particular when it becomes held by an "estate" and just becomes a license.

Either way, I don't think that right should extend to creations that were made with that character. Those should enter public domain after X number of years.

Copyrights are a limitation we put on free speech in order to promote innovation and creativity by helping creative people make money, 14 years (like it was originally) is plenty of time to do that.
As they currently stands they stifles what they came to protect, and it's ironic and hyperbolic that a company like Disney which used the public domain extensively is the one killing it.

Check out Everything is Remix if you have the time, it's really well made and makes a very compelling argument in support of the public domain.

 

[Balphon]

I'm still unsure where I stand on the public domain debate.

I can see the argument that if a company created and still uses a particular character/property that they should continue to have rights for continued exclusive use.

On the other hand, after X number of years has passed, and the original creator has moved or passed on, I can also see the other side of the argument. In particular when it becomes held by an "estate" and just becomes a license.

Either way, I don't think that right should extend to creations that were made with that character. Those should enter public domain after X number of years.

A creative work loses a great deal of its social value when placed under perpetual copyright.

In any event, I enjoy stories that highlight the absurd duration of copyrights in the US.

 

[Mike M]

I could have sworn he already was public domain? I've read tons of Sherlock stories published by other authors over the years, he's been a character on countless shows, etc.

 

[daffy]

Not sure I understand what the op is talking about but surely this is good news?

 

[Vulcano's assistant]

All in all, the best and most creative Mickey Mouse shorts in recent history came out this year. Hopefully they keep it in similar treatment once it is made public (in addition to the public's contributions; hopefully more than coffee mugs) .

 

[zoku88]

War with UK imminent?

I think all Sherlock stories are public domain in the UK and thus the character is as well.... I think.

 

[Cyan]

I'm still unsure where I stand on the public domain debate.

I can see the argument that if a company created and still uses a particular character/property that they should continue to have rights for continued exclusive use.

On the other hand, after X number of years has passed, and the original creator has moved or passed on, I can also see the other side of the argument. In particular when it becomes held by an "estate" and just becomes a license.

Either way, I don't think that right should extend to creations that were made with that character. Those should enter public domain after X number of years.

I used to enjoy writing fun original fiction.

Then I realized that my creations only belonged to me for a limited time, that anyone could use them if they just waited for me to die and then waited another 70 years, and I got sad and stopped writing forever.

 

[KingBeyondTheWall]

I used to enjoy writing fun original fiction.

Then I realized that my creations only belonged to me for a limited time, that anyone could use them if they just waited for me to die and then waited another 70 years, and I got sad and stopped writing forever.

So should you stop making money because people take it from you when you die?

 

[Dryk]

Will never happen. Disney will fight that until they're broke.

If they would rather go broke defending a broken copyright system than reinvent themselves after 70 years, maybe it's time they did.

 

[Toa TAK]

Bring on the creepy fiction.

 

[neoanarch]

Zorro next please. I recently learned he was still under copyright which is absolutely fucking absurd.

 

[Chichikov]

If they would rather go broke defending a broken copyright system than reinvent themselves after 70 years, maybe it's time they did.

The sad thing is that they don't need to go broke in order to bribe exercise their first amendment right by giving money to politicians in order to influence policy.
Which is what they have done, very successfully.

 

[Sojgat]

There is only one Sherlock nowadays and he has massive cheekbones and a Hobbit as his sidekick.

Did you just call Lucy Liu a Hobbit?

 

[Lkr]

aren't all of the stories already public domain?

when do neogaf posts enter public domain?

 

[Bucket Mouse]

There is only one Sherlock nowadays and he has massive cheekbones and a Hobbit as his sidekick.

Kanye?

 

[User 100115]

Bring on the creepy fiction.

I am rarely creepy, thank you.

 

[Mariolee]

Hey, what if the next adaptation had Mads play Sherlock.

Spoiler

Or Moriarty.

OR BOTH IN A DOUBLE ROLE, OH MY GOD.

Lol right now I'm imagining the Sherlock Season 1 finale pool scene, except everyone is played by Mads, and it's hilarious.

 

[Mike M]

I am rarely creepy, thank you.

But when you are...

 

[Dali]

Now for Mickey Mouse.

Lol why is this this first thing that came to mind?

 

[Randolph Freelander]

As if we don't have enough regurgitation as it is, now we have another character going into public domain to be spammed by all. :/

I say if a property goes into public domain, all the profits should be public, too. I've thought about this for 18 seconds, but it seems like a sensible plan as long as I don't think about it further.

 

[Eusis]

Lol why is this this first thing that came to mind?

Because that mother fucker's the reason they kept extending copyright expiration dates in the US. If it weren't for that we probably wouldn't even be having this discussion about Sherlock Holmes.

 

[The Lamp]

Really, they are more pro big-business than business.

Things going into the public domain after a certain time encourages business. People create stuff and sell based on popular properties that sell. The original creator of a work has incentive to make more stuff, rather than rest on his laurels.

I can certainly understand wanting to see a spouse or children have something, but it's gotten to a point where it's their great-grandchildren, or people who had nothing whatsoever to do with the original person (Robert Howard, for instance, his rights are claimed by some company in Scandinavia. He died childless in Texas).

I mean, look at all the Dracula movies, books, novels, comics. If it weren't public domain, it wouldn't have happened. The current zombie craze owes a lot to Night of the Living Dead inadvertently entering public domain

I don't want the public's grubby fingers on my Mickey Mouse. Sorry.

 

[Branduil]

I don't want the public's grubby fingers on my Mickey Mouse. Sorry.

So the public being able to make free use of Steamboat Willie is worse than the copyright system being wrecked?

 

[pants]

Mickey Mouse was created in 1928. See you guys in 5 years.

 

[Toa TAK]

I am rarely creepy, thank you.

I didn't mean you Fiction, just the fan fiction. =(

 

[Cyan]

Mickey Mouse was created in 1928. See you guys in 5 years.

You mean, when they extend it again?