[HN Gopher] Sherlock Holmes will finally escape copyright this w...
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       Sherlock Holmes will finally escape copyright this weekend
        
       Author : mfiguiere
       Score  : 209 points
       Date   : 2022-12-28 19:07 UTC (3 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | kmeisthax wrote:
       | I can finally retire the "Sherlock Holmes' emotions are still
       | copyrighted" legal argument that I used to use for explaining the
       | penumbra of the public domain.
        
         | EGreg wrote:
         | Tell us !!
        
           | bena wrote:
           | Eh. The Conan Doyle estate argues that the characterization
           | of Holmes was materially different in some of the final
           | stories. So any story that materially changes Holmes to be
           | less of an ass was using _that_ characterization.
           | 
           | Netflix was about to take them to court over Enola Holmes,
           | but all parties eventually settled and the suit was dropped.
           | 
           | Likely the Conan Doyle estate realized their final copyrights
           | were about to be up and it wasn't worth the legal battle they
           | would likely lose because "having emotions" is incredibly
           | vague.
        
             | anothernewdude wrote:
             | When does the estate become less of an ass?
        
               | JohnTHaller wrote:
               | It already did. Unfortunately, it being less of an ass is
               | still under copyright.
        
               | bryanrasmussen wrote:
               | Assness of an estate, as most human organizations,
               | directly correlates to potential power.
        
             | PicassoCTs wrote:
             | Emotions about the character of persons, that are deducted
             | by the length of the nose and the span of the eyebrows?
             | Seriously, reading the books with a detectives eyes, one
             | can see all the nonsense they believed aeons ago..
        
               | bena wrote:
               | I mean, Holmes can only really be as smart and capable as
               | Arthur Conan Doyle was. Any blind-spots or nonsense
               | Holmes engaged in was because Conan Doyle believed it.
               | 
               | Which means Holmes believed in some really batshit ideas.
               | But since the world of Holmes is defined by Conan Doyle,
               | shit like phrenology was real in that world.
        
               | anothernewdude wrote:
               | Which is bad news for that Sherlock show.
        
               | PicassoCTs wrote:
               | Or that ridiculous quak-science with the monkey stem
               | cells transfusion. The deduction stories were excellent,
               | but some of the outlier-stories or the "nationalism" race
               | characteristics are the insanity that gave us WW1 and
               | WW2.
        
               | bena wrote:
               | Even the deduction stuff is only because Conan Doyle says
               | so.
               | 
               | Like he could determine cultivars of tobacco from looking
               | at and feeling the ash. And other people never pick up on
               | things that even the reader could. But Holmes does. And
               | then you feel smart, because you even beat Holmes to the
               | punch.
               | 
               | My wife has been watching Bones (again) and I've noticed
               | this a lot there too. It was an episode where the victim
               | was a nine-year-old child. They "digitally reconstructed"
               | the child's appearance and couldn't find a match, but
               | then noticed the hair was dyed, the teeth were veneered,
               | etc. And it's obvious, the child was on the pageant
               | circuit. But they didn't put it together until the answer
               | was given to them. Later on, same thing with a murder
               | weapon. They assumed it was a steel-toe boot, but it's
               | pageant contestants, tap shoes are also available. Etc.
               | etc. And yes, tap shoes were used in the murder.
               | 
               | And there's two reasons for this. This is how smart the
               | writers _are_. They honestly think this takes significant
               | deductive ability. And making the characters figure it
               | out faster would be implausible. Or. They want the
               | viewers /readers to feel smart. And one way to do that is
               | to make them able to figure out the pieces _before_ the
               | characters. Characters who are the smartest because we
               | 're told they're the smartest.
        
             | akuchling wrote:
             | Editor, Sherlockian scholar, and lawyer Leslie Klinger took
             | the Doyle estate to court about this idea, and got a
             | judgement that it didn't hold. His blog about the case is
             | at https://free-sherlock.com/ .
        
       | irrational wrote:
       | When Peter Pan escaped copyright, there was a flood of new Peter
       | Pan books. I wonder if we will see the same thing with Sherlock
       | Holmes.
        
         | samwillis wrote:
         | The copyright around Peter Pan is super interesting with an
         | amendment in UK law to extend it to provide income to the very
         | good cause of Great Ormond Street Hospital:
         | https://www.gosh.org/about-us/peter-pan/copyright/
         | 
         | > J M Barrie's gift of the rights to Peter Pan has provided a
         | significant source of income to Great Ormond Street Hospital
         | 
         | > The copyright first expired in the UK (and the rest of
         | Europe) in 1987, 50 years after Barrie's death.
         | 
         | > However, former Prime Minister Lord Callaghan successfully
         | proposed an amendment to the Copyright Designs and Patents Act
         | (CDPA) of 1988, giving Great Ormond Street Hospital the unique
         | right to royalties from stage performances of Peter Pan (and
         | any adaptation of the play) as well as from publications, audio
         | books, ebooks,radio broadcasts and films of the story of Peter
         | Pan, in perpetuity.
         | 
         | I think this means that the adaptions you are referring to
         | haven't been published in the UK.
         | 
         | For those outside the UK and unaware GOSH if the most famous
         | and most highly regarded children hospital in the UK. The NHS
         | here get much criticism at times but the prevision for children
         | is world class with a network of incredible children's
         | hospitals. Having been in the situation where my child has been
         | under the care of one of the children's hospitals, they are
         | incredible.
        
       | chris_wot wrote:
       | Anyone wonder why Mickey Mouse is no longer the signature Disney
       | character any more? I think we know why now. No more control over
       | the character.
        
         | MisterBastahrd wrote:
         | Mickey Mouse is still the signature mascot of Disney. There's a
         | massive difference between copyright and trademark.
        
           | bediger4000 wrote:
           | Legally, yes, but even there the PR flacks confuse the issue
           | by lumping trademark, copyright, patent and sometimes even
           | trade secrets under "intellectual property".
        
         | BerislavLopac wrote:
         | I believe he is still trademarked though, isn't he?
        
         | dvngnt_ wrote:
         | who is the central mascot then
        
           | cultofmetatron wrote:
           | spiderman
        
             | d-us-vb wrote:
             | I hope you're joking. Spider-man is owned entirely by Sony.
             | It is only by a tenuous contract that Disney was able to
             | get Spider-Man into the MCU.
        
               | CharlesW wrote:
               | Sony has film rights only, for as long as they produce a
               | new Spider-Man movie every five years.
        
               | citizenkeen wrote:
               | Wow. No.
               | 
               | Spider-Man is owned by Marvel, which is owned by Disney.
               | 
               | Sony has an exclusive license to the film rights which
               | they will eventually lose and cede back to Disney.
        
               | MisterBastahrd wrote:
               | Spider-Man is almost entirely owned by Marvel. Spider-
               | Man's live action movie rights are owned by Sony as long
               | as they produce at least one film with the character
               | every 5 years and 9 months. This includes co-producing
               | them with Marvel. Universal owns the film rights to both
               | solo Hulk and Namor films. Finally, Fox owned the right
               | to make 13 X-Men films, Fantastic Four, and Deadpool
               | films over 20 years, but Disney bought those rights back.
        
               | nvrspyx wrote:
               | The _film_ rights are owned by Sony. As part of the deal
               | in relinquishing some creative control to Disney for the
               | MCU, Sony also has exclusivity to Spider-Man centric
               | video games (e.g., other games, like Midnight Suns, can
               | use Spider-Man as a supporting character, but not the
               | primary character).
        
               | manojlds wrote:
               | Funnily, Nintendo got Marvel Ultimate Alliance 3 which
               | had Spiderman.
        
         | TillE wrote:
         | Mickey Mouse is a terrible, boring character that nobody cares
         | about.
         | 
         | Disney can keep using him as a trademarked corporate logo,
         | that's all they really need.
        
           | omnibrain wrote:
           | > Mickey Mouse is a terrible, boring character that nobody
           | cares about.
           | 
           | That is funny, because I think most Germans born in the 80ies
           | to mid 90ies would disagree. We got a daring adventurer and a
           | hard-boiled detective. I don't think it was content
           | specifically produced by the German publisher for the German
           | market, but it is possible, that there was more focus on that
           | content opposed to "classic mickey".
           | 
           | Edit: I looked it up: It looks like the detective stories
           | were English, but first compiled for Denmark, whereas the
           | adventurer stories were from the Italian publication
           | "Topolino".
        
             | [deleted]
        
             | bombolo wrote:
             | In Sweden most of the donald duck/mikey mouse comics are
             | translated from Italy, occasionally from Brazil.
        
         | bediger4000 wrote:
         | Disney+ uses a little clip of "Steamboat Willie" in the leaders
         | to streamed Disney movies. Making out-of-copyright Steamboat
         | Willie into a trademark thing muddies the waters at least a
         | little, and I'd guess that's why Disney+ uses it.
        
           | kevin_thibedeau wrote:
           | They've been using rubber hose Mickey for marketing a lot
           | more in the last 10 years for this reason.
        
         | manojlds wrote:
         | How does this work? It feels silly that someone can use Mickey
         | Mouse and create cartoons and stories?
         | 
         | What about something like Mario? Will it eventually go in
         | public domain as well?
        
           | HWR_14 wrote:
           | How is it sillier that any someone can use Mickey Mouse for
           | whatever than that someone can use Mickey Mouse to create
           | cartoons, but only some random people who happen to be hired
           | by a specific giant corporation?
        
           | thelopa wrote:
           | Yes. That's how the public domain works.
        
       | mahkeiro wrote:
       | In the US. it's in public domain in Europe for the last 20 years.
        
         | [deleted]
        
         | kmeisthax wrote:
         | Uh... doesn't the EU have the same life+70 terms the US has? In
         | fact, weren't they _the_ reason that Disney was able to get
         | their term extension in the US?
        
           | Vespasian wrote:
           | Now they do, but at the time of publishing they had different
           | rules so those apply.
        
           | input_sh wrote:
           | Arthur Connan Doyle died in 1930, therefore life+70 is 2000.
           | 
           | In general, yes, both use life+70, but different rules apply
           | to works before that was settled.
        
       | mlboss wrote:
       | Time to create some new adventures using chatgpt
        
         | [deleted]
        
       | kristopolous wrote:
       | Thank goodness Honky Tonk Train Blues by Meade Lux Lewis will
       | finally be public domain.
       | 
       | But you'll have to wait another year for Pinetop's Boogie Woogie
       | by Clarence Smith (who died before the 1929 stock market crash).
       | 
       | In all seriousness, the first one is considered the first Rock n
       | Roll song by some scholars. (you'll have to go archive.org to get
       | the 1927 recording - youtube only has later ones -
       | https://archive.org/details/78_honky-tonk-train-blues_meade-... )
        
       | bilsbie wrote:
       | How come the owners don't just trademark these characters to get
       | around the expired copyright?
       | 
       | Wouldn't that let them block all new material made with those
       | characters?
       | 
       | (Asking for a friend)
        
         | Mountain_Skies wrote:
         | My guess is that there is a window of time from creation of a
         | mark during which it must be registered to be valid.
        
         | alazsengul wrote:
         | This is from an article on Mickey Mouse that was linked to in
         | the original Sherlock Holmes article:
         | 
         | Here is where it gets tricky: Disney also holds trademarks on
         | its characters, including the "Steamboat Willie" version of
         | Mickey Mouse, and trademarks never expire as long as companies
         | keep submitting the proper paperwork. A copyright covers a
         | specific creation (unauthorized copying), but trademarks are
         | designed to protect against consumer confusion -- to provide
         | consumers assurance about the source and quality of a creation.
         | 
         | Boiled down, any public domain use of the original Mickey
         | cannot be perceived as coming from Disney, Ms. Ginsburg
         | explained.
         | 
         | Source:
         | https://web.archive.org/web/20221227170631/https://www.nytim...
        
           | Sunspark wrote:
           | Out of curiosity, how clear does it need to be presented to
           | the viewer that this is not a Disney production? Does it need
           | to be written out at the beginning "The characters depicted
           | here are entirely fictional and are not from the Disney
           | corporation"? Or can it be at the end credits? Is it
           | sufficient to expect that a viewer seeing the Warner Brothers
           | animation and music at the beginning would know it's not
           | Disney, or does it require more?
        
             | IshKebab wrote:
             | As far as I know you can't get out of it by saying "this
             | definitely isn't a Disney product", no matter how clearly.
        
             | sithlord wrote:
             | They try and defend that thing crazy too, I believe deamau5
             | got in quite the legal battle with his mouse helmet.
        
         | rhino369 wrote:
         | Trademarks are supposed to designate the source of a product or
         | good--not the good itself--and you have to actually use it in
         | practice. The estate could have probably created Sherlock brand
         | corncob pipes and maintained a trademark. But that wouldn't
         | allow them to block someone from making a Sherlock Holmes movie
         | or reprinting the books.
         | 
         | It might work for Disney because they have real products and
         | can use Mickey to brand them. Even that won't stop someone from
         | making Steamboat Willy 2. But it might block someone from
         | making MickeyLand Amusement park.
        
         | zeroonetwothree wrote:
         | Trademarks don't stop new creative works. They can only stop
         | misleading use (like using the name to refer to something
         | else).
         | 
         | So if Holmes is trademarked I can't make "Evil Sherlock Holmes
         | Supervillian Movie" but I could write a story wherein he is his
         | usual self.
        
           | gameshot911 wrote:
           | I'm not sure that's correct. I think your 'Evil Sherlock' is
           | a perfect example of what is _now allowed_ without copyright
           | protections.
           | 
           | I believe a trademark just prevents you from releasing a new
           | Sherlock narrative that misleads the public that it's a
           | legitimate story from the original collection.
        
       | AndrewStephens wrote:
       | Finally! I can start shopping around my spec script for "Sherlock
       | Holmes : The Adventure of the Body in the Honey Jar" Winnie the
       | Pooh crossover.
        
         | [deleted]
        
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