Sherlock Holmes: an adventure in the public domain
US Supreme Court refuses to hear 'emergency petition' from Conan Doyle estate after Sherlock Holmes loses copyright protection
The US Supreme Court has dismissed a request made by the heirs of Sir Arthur Conan Doyle to halt the publication of a new Sherlock Holmes book.
Supreme Court judge Elena Kagan refused to hear the Conan Doyle family's "emergency petition" regarding two authors' refusal to pay a licensing fee for depicting the author's characters in their forthcoming short story collection, In the Company of Sherlock Holmes, reports the Daily Telegraph.
Justice Kagan did not explain why she had dismissed the plea.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Leslie Klinger and Laurie R. King had previously paid a $5,000 (£2,900) licensing fee for their first anthology, A Study in Sherlock, in 2011, but declined to do so for the second collection, which prompted lawsuits from both sides.
A Chicago appeals court "said that the character of Sherlock, along with 46 stories and four novels in which he has appeared, was in the public domain", reports the BBC. That ruling prompted the family's unsuccessful appeal to the Supreme Court.
Although most of the Holmes stories have now passed out of copyright protection, the Conan Doyle estate holds the rights to the last ten Holmes stories until 2022. The family argues that the characters themselves remain under that protection, according to the Telegraph.
"Sherlock Holmes and Dr Watson were not static but are dynamic literary characters who changed and developed throughout the Sherlock Holmes canon," the estate said. "Many aspects of these characters' natures are not revealed until the final 10 stories, which are still under copyright protection."
The heirs told AFP they would "follow up 'in the coming months' and looked forward to presenting their arguments in a petition to review the lower court's decision".
Klinger said in a blog post that "the next arena is the District Court, where we have filed a petition asking the Court to award legal fees and costs in the matter".
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Women are getting their own baseball league again
In the Spotlight The league is on track to debut in 2026
By Justin Klawans, The Week US Published
-
Giant TVs are becoming the next big retail commodity
Under the Radar Some manufacturers are introducing TVs over 8 feet long
By Justin Klawans, The Week US Published
-
When will mortgage rates finally start coming down?
The Explainer Much to potential homebuyers' chagrin, mortgage rates are still elevated
By Becca Stanek, The Week US Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published
-
Cuba's energy crisis
The Explainer Already beset by a host of issues, the island nation is struggling with nationwide blackouts
By Rebekah Evans, The Week UK Published
-
Putin's fixation with shamans
Under the Radar Secretive Russian leader, said to be fascinated with occult and pagan rituals, allegedly asked for blessing over nuclear weapons
By Harriet Marsden, The Week UK Published
-
Chimpanzees are dying of human diseases
Under the radar Great apes are vulnerable to human pathogens thanks to genetic similarity, increased contact and no immunity
By Harriet Marsden, The Week UK Published
-
Deaths of Jesse Baird and Luke Davies hang over Sydney's Mardi Gras
The Explainer Police officer, the former partner of TV presenter victim, charged with two counts of murder after turning himself in
By Austin Chen, The Week UK Published
-
Quiz of The Week: 24 February - 1 March
Puzzles and Quizzes Have you been paying attention to The Week's news?
By Sorcha Bradley, The Week UK Published
-
Will mounting discontent affect Iran election?
Today's Big Question Low turnout is expected in poll seen as crucial test for Tehran's leadership
By Sorcha Bradley, The Week UK Published
-
Sweden clears final NATO hurdle with Hungary vote
Speed Read Hungary's parliament overwhelmingly approved Sweden's accession to NATO
By Peter Weber, The Week US Published