Sherlock Holmes under the hammer as BBC face lawsuit from American heiress.

[dipsydoodle]

The corkscrew plot of literary litigation and counter-claim could land the BBC with legal action just as it celebrates the success of its third Sherlock series.

The drama, with Benedict Cumberbatch and Martin Freeman, drew 8.8million viewers for its New Year's Day episode and another bumper audience is expected for tonight's series finale.

But its real-life machinations are as deep and dark as any devised by Sir Arthur Conan Doyle, who invented the flawed polymath in 1887.

The battle for his literary legacy has a dramatic sweep that may have beguiled the Edinburgh author.

>

One claimant to the fortune, Andrea Plunket, says: "I have the rights, that is clear. And I will be suing the BBC for Sherlock. They are not allowed to take a character and create a new story. The same goes for Elementary, the CBS TV adaption starring Jonny Lee Miller. I also have trademarks on the Holmes and Watson characters in Europe."

http://www.express.co.uk/news/uk/453427/Sherlock-Holmes-under-the-hammer-as-BBC-face-lawsuit-from-American-heiress

Meanwhile :

Sherlock could be back in time for Christmas as BBC bosses urge producers to fast-track new episodes.

The producers of hit BBC drama Sherlock are under pressure to fast-track new episodes in order to get the programme back on television in time for next Christmas.

Following the success of the New Year's Day episode of Sherlock, which attracted over 13 million viewers when catch-up services are factored in, the BBC is understood to be eager to bill the programme as the main event in its Christmas 2014 schedule.

Read more: http://www.dailymail.co.uk/news/article-2538467/Sherlock-time-Christmas-BBC-bosses-urge-producers-fast-track-new-episodes.html#ixzz2qI3eBZGv

[shenmue]

1. Wow

I like the new show. I like the classic versions too.

[NV Whino]

2. Isn't Sherlock public domain by now?

[treestar]

5. I thought I saw that recently, too.

The heiress may be contesting that.

[LisaL]

6. Judge recently ruled that it is.

"Detective Sherlock Holmes and Dr. John Watson travel by train in original artwork from Strand magazine. A federal judge in Chicago recently ruled that the characters in Arthur Conan Doyle's stories — excluding any elements introduced in the last 10 stories released in the U.S. after 1922 — now reside in the public domain."

http://www.npr.org/2014/01/07/260471980/sherlocks-expiring-copyright-its-public-domain-dear-watson

[randome]

7. But that would only apply in America, right? Not England.

[hr][font color="blue"][center]You should never stop having childhood dreams.

[LisaL]

9. I have no idea.

If it applies to America, sounds like she can't sue "Elementary."

[randome]

12. That's what I would think.

[hr][font color="blue"][center]I'm always right. When I'm wrong I admit it.
So then I'm right about being wrong.[/center][/font][hr]

[muriel_volestrangler]

22. In the UK, for written work, it's 70 years after the author died

http://www.ipo.gov.uk/types/copy/c-duration/c-types.htm

Conan Doyle died in 1930, so all copyright expired at the end of 2000. And with the ruling by the judge in the USA, I can see why the BBC is confident it doesn't have a problem, in major markets anyway (I suspect the rest of the EU will have the same rules as the UK).

[randome]

23. Sounds like a lot of whining from the relatives, then.

Clutch that easy life/gravy boat as tightly as possible!
[hr][font color="blue"][center]There is nothing you can't do if you put your mind to it.
Nothing.[/center][/font][hr]

[muriel_volestrangler]

24. She's not a relative of Conan Doyle; she says her mother bought the rights

She claims the rights were bought for £40,000 by her mother from Russian-born Princess Nina Mdivani, a sister-in-law of Sir Arthur Conan Doyle's daughter, Dame Jean.

[randome]

25. Huh. Interesting. I just assumed. Thanks for the info and the links.

[hr][font color="blue"][center]Treat your body like a machine. Your mind like a castle.[/center][/font][hr]

[Lost_Count]

8. In America only... except for the last 10 stories as written by Doyle released in the US after 1922

What the difference is, is of course, the crux of the matter.



http://www.npr.org/2014/01/07/260471980/sherlocks-expiring-copyright-its-public-domain-dear-watson

[lumberjack_jeff]

21. Should be.

Copyright law is not written to protect the author, but his or her kids and/or the corporation which owns it.

It's ridiculous. There's no legitimate public purpose to having such long copyright protection.

[Blue Owl]

3. Sounds like a three-pipe problem...

n/t

[JNelson6563]

11. Well played!

[RC]

4. In "Elementary", I'm not seeing where she has a solid enough claim.

The last names may be the same, but they are male and female co-consultants, not male detective and male assistant.
Plus the public domain of the original characters should be well established by now.

[dipsydoodle]

16. Nor me and by the way

this is a lemon tree :

[randome]

10. Damn. I shut off my cable a couple months back.

Neither my daughters nor I knew about the new episodes. They're going to go crazy when they hear!

I guess I need to spend more time on the Internet.
[hr][font color="blue"][center]Don't ever underestimate the long-term effects of a good night's sleep.[/center][/font][hr]

[FSogol]

13. Do you have a Roku box? PBS is a free station.

Seasons 1 and 2 are available on netflix.

[randome]

15. We watched Seasons 1 and 2 and my daughters fell in love with the characters.

I mean I didn't know Season 3 was already out. I'll need to enforce a limited viewing, otherwise they would happily watch all 3 episodes (and the Christmas mini-episode) back to back.
[hr][font color="blue"][center]I'm always right. When I'm wrong I admit it.
So then I'm right about being wrong.[/center][/font][hr]

[FSogol]

17. Only out in England. Think it premieres on PBS in the US this Sunday. n/t

[randome]

18. Ah. Did not know that. They're probably available for download or viewing somewhere now, though.

I'll need to look for them.
[hr][font color="blue"][center]The truth doesn’t always set you free.
Sometimes it builds a bigger cage around the one you’re already in.[/center][/font][hr]

[NV Whino]

14. Netflix will stream them eventually.

That's where I see them.

[Vashta Nerada]

19. My cable provider doesn't provide BBC.

Thankfully Twin Cities Public Television will be airing Series 4 of Sherlock starting on Sunday.

[dipsydoodle]

20. doesn't provide BBC ?

We could send East End Thug round to have a word.

That's the guy who played Brick Top in Snatch.

[Rosco T.]

27. Twin Cities Public Television will be airing Series 4 of Sherlock starting on Sunday.

Series 3, don't get us more excited about series 4 YET!

"Miss Me?"

[Vashta Nerada]

28. Indeed.

I'm looking forward to it.

[hunter]

26. Existing patent and copyright law are impeding human progress.

I think patents and copyrights ought to have a very short life if they pass to third party for-profit corporations.

Certainly, let artists pass patents and copyrights to wife, kids, grandkids, and other intimate relationships of the author; do let copyrights and patents support family known to the author.

But limit the time unrelated parties can control patents and copyrights

If I ever write something brilliant and profitable, yes, I might want the money going to known family after I'm dead.

Maybe corporations only ought to be able to buy time-limited leases on patents and copyrights from the artist or their name-designated heirs. After that the art would revert back to the artist's named family or be released to humanity in the public domain.

In the case of patents involving life-saving technology (pharmaceuticals, etc.) I think patents ought to be subject to eminent domain (nationalization and release to the public domain) whenever the owners of these patent are found to be restricting supply for egregious profit.