Sherlock
- Thread starter Bouncy Castle
- Start date
Tonyblack said:
Sherlock Holmes and other Conan Doyle stories are in the Public Domain here in the UK. I don't think she's got a case at all. And this is a typical Daily Mail type story designed to make people angry. 
When asked by another author could she use the character he said.
"You may marry him or murder him or do as you like with him."
I think any legal challenge will fall with that point.
The stories all passed into public domain in 200 in the UK and only a few short stories remain under copyright in the US. Might be a teeny case if they use one of those and then sell it in the US but that's it really.
There's an American writer named, Laurie R. King, who has written a whole series of books featuring a retired Sherlock Holmes and his young, female apprentice. If that woman really owns the rights to the character names, why hasn't she sued earlier?
Tonyblack said:
There's an American writer named, Laurie R. King, who has written a whole series of books featuring a retired Sherlock Holmes and his young, female apprentice. If that woman really owns the rights to the character names, why hasn't she sued earlier?
There's a stupid case in Ireland where one comedian is suing RTE television for using the name Damo on a show. Every second chav in Ireland is called Damo . people will just try cash in on undefendable copyrights
Those crazy Hungarians 
There is no chance of any legal action working here as it's well out of copyright as that expires 70 years after the death of the creator and Conan Doyle died in 1930. There are several already existing and potentially conflicting trademarks on the Sherlock Holmes name in the UK (43 in in total for the name Sherlock) none of which would appear to prevent the current production continuing.
US law is different but cannot affect productions in the UK it is just possible she could block temporarily broadcast in America but I doubt she would want to actually go to court in case she is shown not to have legal title after all. This is the same sort of position as the patent trolls blighting the electronics hardware and software industry, they hope you will just pay up to avoid a court case but if forced into defending their position they often back down.
There is no chance of any legal action working here as it's well out of copyright as that expires 70 years after the death of the creator and Conan Doyle died in 1930. There are several already existing and potentially conflicting trademarks on the Sherlock Holmes name in the UK (43 in in total for the name Sherlock) none of which would appear to prevent the current production continuing.
US law is different but cannot affect productions in the UK it is just possible she could block temporarily broadcast in America but I doubt she would want to actually go to court in case she is shown not to have legal title after all. This is the same sort of position as the patent trolls blighting the electronics hardware and software industry, they hope you will just pay up to avoid a court case but if forced into defending their position they often back down.
Basically, Martin and Benedict have re-commissioned Sherlock for S4, before telling the BBC!!!
http://www.tor.com/blogs/2013/10/benedi ... he-bbc-did
http://www.tor.com/blogs/2013/10/benedi ... he-bbc-did
