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ARTICLE · 17 FEBRUARY 2014

Sherlock Holmes And The Public Domain

Duane Morris LLP
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Over his illustrious 125-plus-year career, Sherlock Holmes has captured the public's imagination by catching thieves, stopping assassins, and breaking up spy rings.

United StatesIntellectual Property
Duane Morris
Duane Morris
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Over his illustrious 125-plus-year career, Sherlock Holmes has captured the public's imagination by catching thieves, stopping assassins, and breaking up spy rings.  His adventures have led to his appearance in many books, motion pictures, video games, and television series, including two of the most popular programs currently airing.  Sir Arthur Conan Doyle's famed detective's latest case lands him in an Illinois district court.  An earlier blog posting on the case is:  http://blogs.duanemorris.com/duanemorrisnewmedialawblog/entry/the_copyright_adventures_of_sherlock .

In December Northern District of Illinois Chief Judge Ruben Castillo ruled against the estate of Holmes' creator in Klinger v. Conan Doyle Estate, Ltd., a case that has implications for Holmes's future adventures.  The issue before the court was: when does a previously copyrightable character enter the public domain?  Just as books, movies, and television shows are protected by copyright, so are

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