I am so glad the Jeremy Brett Holmes takes the top spot. I started watching those a few months ago and he is perfect for the role. It's hard for me to imagine a Holmes depiction that works as well...
I am so glad the Jeremy Brett Holmes takes the top spot. I started watching those a few months ago and he is perfect for the role. It's hard for me to imagine a Holmes depiction that works as well for me as his.
I will forever be in love with Jeremy Brett's portrayal. I wish the author had explained what makes it so effective. Of another actor, she said what made his Holmes great was how he enjoyed...
I will forever be in love with Jeremy Brett's portrayal. I wish the author had explained what makes it so effective. Of another actor, she said what made his Holmes great was how he enjoyed "playing" for Watson's benefit. I think Brett's fey dynamism illustrates this perfectly, whether matched with the first, slow-witted doctor, or his wiser, more senior replacement.
And yet despite the majority of Arthur Conan Doyle's works now being public domain, the ACD Estate has actually sued multiple parties recently, arguing that they infringed upon the copyright of...
And yet despite the majority of Arthur Conan Doyle's works now being public domain, the ACD Estate has actually sued multiple parties recently, arguing that they infringed upon the copyright of the last short stories in the series (which still have some time left on them) by copying Holmes' character traits from those stories. See:
The complaint, which asserts claims for both copyright and trademark infringement, was filed against author Springer and the books’ publisher Penguin Random House. Also named were the film’s producer Legendary Pictures, its distributor Netflix and even the director of “Enola Holmes,” Harry Bradbeer.
Sir Arthur Conan Doyle wrote four novels and 56 short stories featuring his Sherlock Holmes character between 1887 and 1927. The vast majority of these works are already in the public domain. The 95 year copyright term of Conan Doyle’s last-published Sherlock Holmes story will expire in 2022, which means that as of January 1, 2023, the entire Holmes canon will be in the public domain in the United States. But as of today, the final six short stories featuring the character are still subject to copyright protection.
The Conan Doyle estate has a history of pushing the envelope when it comes to enforcing its claimed intellectual property rights. The fact that fully 90% of the Sherlock Holmes works are in the public domain hasn’t stopped the estate from taking the position that nearly anyone who wants to create a derivative work featuring the character needs to get a license. Among the licensed works touted on the Estate’s slickly-produced website are the long-running CBS series “Elementary,” the Will Ferrell comedy “Holmes and Watson” and two films starring Robert Downey, Jr.
Following the Netflix announcement, the Conan Doyle estate filed its complaint. While the estate concedes that “the world is free to use and adapt” the Sherlock Holmes character as it is portrayed in the public domain stories, there are key attributes of the character that were only developed in the stories still protected by copyright:
When Conan Doyle returned to writing Sherlock Holmes stories after the war, he created significant new character traits for Holmes and Watson in the Copyrighted Stories . . . Conan Doyle made the surprising artistic decision to have his most famous character—known around the world as a brain without a heart—develop into a character with a heart. Holmes became warmer. He became capable of friendship. He could express emotion. He began to respect women.
Complaint, Conan Doyle Estate, LLC v. Springer
So, for anyone who’s been patiently waiting for a court to decide whether respecting women is a character trait protected by copyright law, you just might get your chance.
The estate also alleges that Springer’s works copy “Sherlock Holmes’s warm friendship with Watson” because nowhere in the public domain stories does “Holmes express such emotion about the well-being of his companion.”
In short, the estate’s position is that the “Enola Holmes” works infringe Holmes version 2.0, because they “make extensive infringing use of Conan Doyle’s transformation of Holmes from cold and critical to warm, respectful, and kind in his relationships.”
Finally, there’s the issue of trademark law. In addition to its copyright infringement claim, the Conan Doyle estate contends that the defendants’ use of “Enola Holmes” for a book series and a film are likely to confuse the public into believing that the estate has sponsored, endorses or is otherwise affiliated with those projects. In other words, the estate appears to be asserting that because it has successfully insisted on obtaining a license for so many years, the public has come to expect that any Holmes derivative carries the imprimatur of the estate.
(whole article is worth reading though, as it's an interesting read)
I am so glad the Jeremy Brett Holmes takes the top spot. I started watching those a few months ago and he is perfect for the role. It's hard for me to imagine a Holmes depiction that works as well for me as his.
I will forever be in love with Jeremy Brett's portrayal. I wish the author had explained what makes it so effective. Of another actor, she said what made his Holmes great was how he enjoyed "playing" for Watson's benefit. I think Brett's fey dynamism illustrates this perfectly, whether matched with the first, slow-witted doctor, or his wiser, more senior replacement.
Isn't it wonderful what can culture do with a character when copyright doesn't get in the way?
And yet despite the majority of Arthur Conan Doyle's works now being public domain, the ACD Estate has actually sued multiple parties recently, arguing that they infringed upon the copyright of the last short stories in the series (which still have some time left on them) by copying Holmes' character traits from those stories. See:
“Enola Holmes” and the Case of the Overreaching Copyright Owner
(whole article is worth reading though, as it's an interesting read)