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(CNN)   His depiction as kind, caring and respectful of women is a violation of the author's copyright. Bonus Fark: Not about James Bond   (cnn.com) divider line
    More: Weird, Sherlock Holmes, way Holmes, Conan Doyle story, Conan Doyle's Sherlock Holmes stories, public domain, Nancy Springer, promotional material, series of novels  
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2240 clicks; posted to Entertainment » on 27 Jun 2020 at 6:20 AM (2 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-06-26 10:42:23 PM  
Henry Cavill?  Who would cast a super-hero actor as James Bond? Unheard of!
 
2020-06-27 5:12:03 AM  
If anyone needed a reminder that copyright terms have been stretched beyond the point of insanity, here it is.
Again.
 
2020-06-27 6:35:48 AM  
Fark user imageView Full Size
 
2020-06-27 6:40:48 AM  

bloobeary: If anyone needed a reminder that copyright terms have been stretched beyond the point of insanity, here it is.
Again.

^this


People today don't even know what the words "public domain" mean, and the Disney Corporation loves it that way.

It is interesting that Mean Sherlock Holmes is public domain, but Nice Sherlock Holmes is copyrighted. And why is Hollywood stuck on franchises? If the character was named Smith there wouldn't be this lawsuit.

But then again we wouldn't be talking about it.
 
2020-06-27 6:48:10 AM  
"While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

This people ever watch Elementary?
 
2020-06-27 7:08:39 AM  

Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

This people ever watch Elementary?


While they go the 'ouse?
 
2020-06-27 7:11:51 AM  
*These
 
2020-06-27 7:14:46 AM  

Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

This people ever watch Elementary?


Exactly what I was about to say...

/But Sir Doyle died in 1930
//How the f can anything still be copyrighted ? 90 Years... thanks Mickey
///Movie based on some 2006-2010 books by a totally different author, So doubt this will go far, but you never know.....
 
2020-06-27 7:15:21 AM  
I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.
 
2020-06-27 7:17:22 AM  
Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.
 
2020-06-27 7:20:23 AM  

gaspode: I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.


I don't copyright law, not even a little bit. But, is a particular portrayal of a character a violation of IP in situations such as this? I've never heard of this type of claim.
 
2020-06-27 7:25:30 AM  

Bslim: gaspode: I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.

I don't copyright law, not even a little bit. But, is a particular portrayal of a character a violation of IP in situations such as this? I've never heard of this type of claim.


In Elementary, Watson is played by Lucy Liu, so..  where was their lawsuit about that?
 
2020-06-27 7:30:34 AM  

Bslim: gaspode: I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.

I don't copyright law, not even a little bit. But, is a particular portrayal of a character a violation of IP in situations such as this? I've never heard of this type of claim.


I believe "this type of claim" is: Everybody enjoys some free publicity, then someone writes a check for an "undisclosed amount."

I know this about copyright law; a big part of it is the holders ongoing efforts to enforce it. So by trying this now, they're improving their standing to sue someone else later.
 
2020-06-27 7:35:03 AM  
But the late author's estate has objected to the way Holmes is portrayed in the series, arguing that the sleuth was only ever kind and emotional in books that are still under the author's copyright. In earlier works, now in the public domain, his aloofness and lack of empathy are crucial aspects of his character and must be respected in any adaptation, the estate claims.

You want nice?  You gotta pay!
 
2020-06-27 7:43:11 AM  
I present into evidence that Moriarty has influenced copyright law these last fifty years.
 
2020-06-27 7:59:28 AM  

Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"


Not just aloof. "He never spoke of the softer passions, save with a sneer."
 
2020-06-27 8:05:33 AM  

AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.


Sherlock Holmes is only fully in the public domain in Britain. In the US it is only the first round of books and characters that are in them are public domain. Essential character traits that are only shown in the later stories are not in the public domain.

This is just a shakedown from a business that is dying as even in the US the later books will be out of copy-write soon. All it takes is a lawsuit to delay a project like this for months to make it worth while to pay the ransom.

Butterflew: Bslim: gaspode: I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.

I don't copyright law, not even a little bit. But, is a particular portrayal of a character a violation of IP in situations such as this? I've never heard of this type of claim.

In Elementary, Watson is played by Lucy Liu, so..  where was their lawsuit about that?


Elementary paid the rights holder a licensing fee just to stop any kind of vaguely legally plausible action.
 
2020-06-27 8:20:34 AM  
The books this is based on were released 10 - 12 years ago, but now that Netflix and their heft checkbook have gotten involved, suddenly the estate sees a copyright violation.  It doesn't take Holmes's powers of deduction to figure out what this is about.
 
2020-06-27 8:56:50 AM  
Is he in the public domain? Yes? Then stfu
 
2020-06-27 9:03:33 AM  
Fark user imageView Full Size


I smell a new franchise!!!!!
 
2020-06-27 9:42:49 AM  

brainlordmesomorph: bloobeary: If anyone needed a reminder that copyright terms have been stretched beyond the point of insanity, here it is.
Again.

^this

People today don't even know what the words "public domain" mean, and the Disney Corporation loves it that way.

It is interesting that Mean Sherlock Holmes is public domain, but Nice Sherlock Holmes is copyrighted. And why is Hollywood stuck on franchises? If the character was named Smith there wouldn't be this lawsuit.

But then again we wouldn't be talking about it.


Because familiarity and built-in audiences. Corporations hate uncertainty.
 
2020-06-27 9:49:23 AM  
For anyone else wondering:

Fark user imageView Full Size


95 years? Dayyum.

/If you think that's bad, music from the 1950s onward will just about never go into public domain
//Fellow politician and anti-public domain advocate Sonny Bono suddenly dying when he did basically gave the music industry a blank check and a strong appeal to emotion
 
2020-06-27 9:53:24 AM  

fluffy_pope: Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

Not just aloof. "He never spoke of the softer passions, save with a sneer."


...On the other hand, there was...The woman.
 
2020-06-27 9:57:54 AM  

AtlanticCoast63: fluffy_pope: Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

Not just aloof. "He never spoke of the softer passions, save with a sneer."

...On the other hand, there was...The woman.


On the other other hand: "In his eyes she eclipses and predominates the whole of her sex. It was not that he felt any emotion akin to love for Irene Adler."
 
2020-06-27 10:09:04 AM  
It occurs to me that a talented film editor could recut any scene to make a character into an asshole.

Cut out the kind smile and the nice-guy line, cut in a few uncomfortable pauses and glares, maybe have him leave abruptly, poof; he's an asshole.
 
2020-06-27 10:42:23 AM  
Does Holmes recharge his brain by pumping his biceps really quick?  That would be awesome.
 
2020-06-27 10:58:00 AM  
th.bing.comView Full Size


 The Gentleman Thief
 
2020-06-27 11:03:17 AM  

born_yesterday: Does Holmes recharge his brain by pumping his biceps really quick?  That would be awesome.


Back in my day, he just shot up some cocaine.
 
2020-06-27 11:08:27 AM  

buntz: [Fark user image 425x318]

I smell a new franchise!!!!!


th.bing.comView Full Size


/ misses Saturday morning shows
 
2020-06-27 11:10:04 AM  

ZMugg: Bslim: "While Sherlock Holmes is famous for his great powers of observation and logic, he is almost as famous for being aloof and unemotional,"

This people ever watch Elementary?

While they go the 'ouse?


On.  Those.  Trays.
 
2020-06-27 11:28:25 AM  

Billy Liar: [th.bing.com image 191x191]

The Gentleman Thief


Fark user imageView Full Size


Team Thorndyke

the gentleman anthropologist
 
2020-06-27 11:38:27 AM  

AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.


Yes, but if you stretch your interpretation too far, what you have is no longer Sherlock Holmes.

Case in point:  Disney's "Hercules".  To make the story more family-friendly, they rewrote Herc's background, removing the bit about him being a child of Zeus's fooling around with a mortal woman behind Hera's back.  But Hercules being a child of divine infidelity is a central point in his myth.  Take it away, and what you have is no longer Hercules.
 
2020-06-27 11:51:07 AM  
Good.  Now fix Nero Wolfe.
 
2020-06-27 11:53:29 AM  
So they didn't have any issues with Robert Downey Jr's version? It's been awhile since I read any of the books, but I'm pretty sure Holmes was half-a-foot taller, lanky, and not known for fighting like Neo in the Matrix
 
2020-06-27 11:56:53 AM  
A plaque outside the former home of the fictional character Sherlock Holmes on Baker Street in London.

He wasn't real, and this is where he lived. Sounds like the caption writer got into Holmes' fictional drug stash.
 
2020-06-27 12:21:04 PM  

AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.


The last book that was written is probably under copyright.
I am not sure if a character goes into public domain when their first appearance does when there are subsequent works by the same author.
 
2020-06-27 12:53:36 PM  

Straight Outta Hate: I am not sure if a character goes into public domain when their first appearance does when there are subsequent works by the same author.


The character, as established in the works that go into public domain, is in the public domain. The nature of the debate, in this case, is that if you use elements which occur in books that aren't in the public domain, are you infringing copyright? Sane people, of course, say, "No." You're free to do anything you like with Sherlock Holmes, because nobody owns the character of Holmes.
 
2020-06-27 1:29:24 PM  
ffs, seriously? this is almost as bad as the Joyce estate.

oh, and Kareem Abdul-Jabbar did a couple pretty good ones! haven't gotten to the 3rd volume yet, but Holmes fans may find his writing style refreshing. although maybe he'll get sued too, because the author is not allowed to be Black.
(also check out his excellent books on race, esp. Writings on the Wall and What Color is my World)


Fark user imageView Full Size
Fark user imageView Full Size
Fark user imageView Full Size
 
2020-06-27 2:55:29 PM  

Straight Outta Hate: AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.

The last book that was written is probably under copyright.
I am not sure if a character goes into public domain when their first appearance does when there are subsequent works by the same author.


It is when the character is first created. It is why Disney has fought so hard to keep Mickey's copyright. Otherwise 3rd parties would print and sell all sorts of Mickey Mouse merch of the original Mickey animation.
 
2020-06-27 4:02:53 PM  

fluffy_pope: Billy Liar: [th.bing.com image 191x191]

The Gentleman Thief

[Fark user image image 210x273]

Team Thorndyke

the gentleman anthropologist


Team Lupin
The First, so there
 
2020-06-27 5:22:24 PM  

Bslim: gaspode: I have read some stupid court filings, but this suit seems like the most frivolously doomed pile of shiat imaginable.

I don't copyright law, not even a little bit. But, is a particular portrayal of a character a violation of IP in situations such as this? I've never heard of this type of claim.


The estate does this all the time.  It's basically a shakedown.
 
2020-06-27 5:41:27 PM  

Mega Steve: So they didn't have any issues with Robert Downey Jr's version?


His portrayal was amazingly nuanced, and understatedly emotional.
 
2020-06-27 7:44:03 PM  

Stantz: Mega Steve: So they didn't have any issues with Robert Downey Jr's version?

His portrayal was amazingly nuanced, and understatedly emotional.


RDJ and Johnny Lee Miller both did great jobs depicting Holmes
 
2020-06-27 7:50:06 PM  

baka-san: fluffy_pope: Billy Liar: [th.bing.com image 191x191]

The Gentleman Thief

[Fark user image image 210x273]

Team Thorndyke

the gentleman anthropologist

Team Lupin
The First, so there


the first would be Vidocq, no?
 
2020-06-27 10:47:14 PM  

AnEasyTarget: It is when the character is first created. It is why Disney has fought so hard to keep Mickey's copyright. Otherwise 3rd parties would print and sell all sorts of Mickey Mouse merch of the original Mickey animation.


Its more complicated than that. Even if Mickey fell into the public domain, you couldn't just slap the character onto a T-shirt and sell it, because as a merchandising character, that would fall under trademark. You'd be creating confusion and making it appear that your merchandise was sponsored by Disney.

But you could make a new film using the character of Mickey, or just play Steamboat Willie for audiences for free.

(Personally, I think copyright should be 20 years, tops, for all that "oh, what about the poor artists!" they're usually not the ones benefiting from copyright- bands don't make money from album sales, they make it from touring, and with mandatory licensing any band on Earth can cover their songs anyway- they're selling an experience; novels can have a "long tail", but usually not a twenty year long tail, film is far more ephemeral, rare is the movie that actually starts making money a decade later and again, usually it's the rightsholder that's profiting, not the artists who made it)
 
2020-06-28 12:22:28 AM  

bloobeary: If anyone needed a reminder that copyright terms have been stretched beyond the point of insanity, here it is.
Again.


Are we not allowed to have characters that are dickholes? Holmes is basically on the spectrum.

I agree that he shouldn't be dismissive of women for being women, but he should be equally as big of a dick to everyone.
 
2020-06-28 12:24:23 AM  

bloobeary: If anyone needed a reminder that copyright terms have been stretched beyond the point of insanity, here it is.
Again.


oh, wait, you were complaining about how copyright laws work. Nevermind.
 
2020-06-28 2:32:30 AM  

CarnySaur: But the late author's estate has objected to the way Holmes is portrayed in the series, arguing that the sleuth was only ever kind and emotional in books that are still under the author's copyright. In earlier works, now in the public domain, his aloofness and lack of empathy are crucial aspects of his character and must be respected in any adaptation, the estate claims.

You want nice?  You gotta pay!


Leave everything as is, but insert a two-second shot in the opening credits showing Holmes kicking a dog (CGI, of course). Everybody's happy.
 
2020-06-28 4:56:48 AM  

AnEasyTarget: Straight Outta Hate: AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.

The last book that was written is probably under copyright.
I am not sure if a character goes into public domain when their first appearance does when there are subsequent works by the same author.

It is when the character is first created. It is why Disney has fought so hard to keep Mickey's copyright. Otherwise 3rd parties would print and sell all sorts of Mickey Mouse merch of the original Mickey animation.


Mickey Mouse in a Disney Trademark.  I do not matter if the copyright expires if they keep the trademark.
The trademarks of every old company would be in the public domain if that was not true.
 
2020-06-28 5:42:59 AM  

Straight Outta Hate: AnEasyTarget: Straight Outta Hate: AnEasyTarget: Sherlock Holmes is public domain. You can do whatever you want with characters and stories. End of Story.

The last book that was written is probably under copyright.
I am not sure if a character goes into public domain when their first appearance does when there are subsequent works by the same author.

It is when the character is first created. It is why Disney has fought so hard to keep Mickey's copyright. Otherwise 3rd parties would print and sell all sorts of Mickey Mouse merch of the original Mickey animation.

Mickey Mouse in a Disney Trademark.  I do not matter if the copyright expires if they keep the trademark.
The trademarks of every old company would be in the public domain if that was not true.


Trademarks are narrow though, copyright it broad and quite different. The character of Mickey Mouse is not a trademark, it is copyright in the works featuring him. Once the copyright in the first one expires anyone can use the character (as it appeared in the expired work) to make movies, or even toys. Disney will have to suck that up.

What they can not do is breach the trademarks, so they probably couldn't sell Mickey branded goods other than a toy of the mouse and they could not use the 'mouse' logo as branding.
 
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