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free sherlock holmes belongs to the world page 2 skip to primary content skip to secondary content free sherlock holmes belongs to the world search main menu home contact court filings donations opinions post navigation older posts newer posts june 2014 appeal courts decision posted on june 16 2014 by freesherlock 2 on june 16 2014 the us court of appeals for the 7th circuit upheld the and affirmed the judgement of the district court download a pdf of the decision by clicking here posted in free sherlock 2 replies may 2014 recording of oral argument posted on may 27 2014 by freesherlock 2 here is a link to the recording of the oral argument on friday may 23 2014 in the 7th circuit the judge asking most but not all of the questions is richard posner for an mp3 of the above click here for this and all related court documents see the court filings page of this website posted in free sherlock 2 replies january 2014 news release re appeal posted on january 27 2014 by freesherlock 3 to download a pdf of the following click here the conan doyle estate ltd has filed a notice of appeal in the u s district court that ruled in favor of leslie s klinger in a declaratory relief action on the copyright status of the sherlock holmes canon chief judge rubén castillo ruled that all copyright protected elements of the canon that were first introduced in stories published in the united states prior to 1923 are now in the public domain and klinger and the public may use the pre 1923 story elements without seeking a license indeed the court found that t he evidence presented to the court as to this first proposition is so one sided that klinger must prevail as a matter of law by filing a notice of appeal the conan doyle estate is entitled to present its legal arguments to the seventh circuit court of appeals in a formal brief however the deadline for filing the brief is march 3 2014 and no appellate brief has yet been filed for that reason klinger and his counsel do not yet know what arguments will be raised on appeal by the estate if in fact the estate proceeds with the appeal if the cde pursues its appeal klinger will file an appellate brief in response and the matter will be argued and decided in the seventh circuit court of appeals in the meantime the order of the district court remains in full force and effect unless the cde seeks a stay of enforcement in that case klinger will oppose any request for a stay of enforcement of the order pending appeal and will seek a bond if the order is stayed klinger is also preparing a motion to be filed in u s district court to require the estate to pay the fees and costs he incurred in bringing the declaratory relief action in district court he will also ask the court of appeals to require the estate to post a bond as security against his costs in litigating the appeal although the estate has issued some self serving press releases we do not really know what they regard as reversible error in the decision of judge castillo says klinger they can t be encouraged by the court s observation that their legal theory is novel a word that is often used in legal circles to indicate that an argument is imaginative but unsupportable in the law we are confident that the decision of judge castillo is fully supported by the facts and the applicable law and we expect the order to be upheld on appeal says klinger we will continue to carry the burden of litigating the public domain status of the pre 1923 stories not only for the benefit of my own books but for all creators who wish to draw on the public domain elements of the canon in their own work posted in free sherlock 3 replies january 2014 appeal posted on january 22 2014 by freesherlock 1 conan doyle estate appeals sherlock holmes copyright decision by benjamin allison counsel for the conan doyle estate ltd santa fe n m january 21 2014 the conan doyle estate ltd owned and run by the family of writer sir arthur conan doyle has appealed to the seventh circuit court of appeals from a lower court decision in klinger v conan doyle estate ltd the lower court decision held that sherlock holmes and dr watson may not be protected by copyright even though ten original stories by conan doyle developing the holmes and watson characters remain under copyright the lower court did rule that using character developments from these ten stories requires the estate s permission but stated it was not addressing the copyright status of holmes s character the lower court decision would fracture conan doyle s characters into protected and unprotected parts the conan doyle estate believes that holmes and watson should be protected as the fully delineated characters their author created the holmes and watson characters were not completed by conan doyle until 1927 and congress has provided a copyright term of 95 years for such characters the estate will ask the seventh circuit to protect conan doyle s literary characters for the full term congress provided this important decision is likely to affect copyright protection for many other longstanding series characters the case is particularly significant because holmes and watson are two of the world s most loved and recognized characters thanks to the creative genius of conan doyle s writing the doyle family intends to continue to foster creative new uses of the characters by others as recent television and motion picture series novels and other programs demonstrate richard doyle a director of conan doyle estate ltd commented sherlock has been depicted in various and wonderful ways with the estate s consent and support we want to make sure that future generations can admire and enjoy sherlock and watson as much as past generations have benjamin allison an attorney with sutin thayer browne serves as lead counsel for the conan doyle estate ltd sutin thayer browne is one of the oldest and largest law firms in new mexico offering exceptional legal services since 1946 sutinfirm com to download the estate s filings click here and here posted in free sherlock 1 reply december 2013 ruling posted on december 27 2013 by freesherlock 4 on monday december 23 2013 the united states district court for the northern district of illinois ruled on the plaintiff s motion for summary judgment against the conan doyle estate in a case involving the literary figures of sherlock holmes and doctor watson the court s ruling states in brief that creators are free to use the characters of holmes and watson without licensing them from the conan doyle estate the court cautioned that new stories about the pair can t use elements that appear exclusively in the ten post 1922 stories by conan doyle those that remain in copyright however elements from the fifty pre 1923 stories are in the public domain the ruling is a victory for the plaintiff leslie s klinger who sought to establish that the estate was wrong in claiming that no new stories could be written about holmes or watson without the estate s permission sherlock holmes belongs to the world klinger said this ruling clearly establishes that whether it s a reimagining in modern dress like the bbc s sherlock or cbs tv s elementary vigorous interpretations like the warner bros fine sherlock holmes films or new stories by countless authors inspired by the characters people want to celebrate holmes and watson now they can do so without fear of suppression by conan doyle s heirs for many years u s motion picture studios television networks and publishers have accepted without challenge the insupportable position of the conan doyle estate that a paid license was required to create new works based on the pre 1923 sherlock holmes stories said jonathan kirsch a member of klinger s legal team who was represented in court by scott gilbert of polcinelli inc we believe that les klinger is the first and only creator who refused to pay for a license that he did not need and challenged the position of the conan doyle estate in court thanks to his courage commitment and vision the ruling of the district court represents a clear legal victory not only for les and his co editor laurie r king but for every creator who seeks to draw on the canon to create new works asked to comment about the court s limitation regarding the post 1923 stories klinger said we never disputed that if an author wants to write about a character that appears only in one of those stories the estate s permission is required we cherish the remaining 10 stories and we respect the estate s right to control them looking ahead klinger and king plan to complete in the company of sherlock holmes the subject of the case a collection of stories inspired by the sherlock holmes canon written by major cross genre authors to be published by pegasus books in 2014 the pair previously edited the acclaimed a study in sherlock a similar collection published by random house and poisoned pen press in 2012 download the full text of the court s ruling by clicking here and read more on the new york times blog posted in free sherlock 4 replies september 2013 update posted on september 30 2013 by freesherlock 4 we filed our response today to the acd estate s reply to our motion for summary judgment the matter is now in the hands of judge castillo we hope to receive a favorable opinion soon exhibit in support of response to defendant s statement of additional facts reply in support of motion for summary judgment response to defendant s statement of additional facts posted in free sherlock 4 replies september 2013 posted on september 11 2013 by freesherlock 1 on september 10 2013 the acd estate filed opposition to our motion for summary judgment along with declarations from the estate s witnesses jon lellenberg george fletcher larry woiwode valerie sayers and loren estleman we have until september 30 to respond and upon filing with the court we will post our response on this website thereafter it will be up to the court to determine the outcome woiwode declaration sayers declaration lellenberg declaration fletcher declaration estleman declaration acd response acd statement of add l material facts posted in free sherlock 1 reply update august 2013 posted on august 7 2013 by freesherlock 3 mr klinger s motion for summary judgment was up for hearing today before the court the estate again failed to appear and has not moved to vacate the default order previously entered against it the court provided the estate with 21 days to file a response to the motion if a response is filed mr klinger will have 14 days thereafter to file a reply ultimately the court will issue a written opinion on the motion regardless of whether the estate files a response posted in free sherlock 3 replies update july 2013 posted on july 30 2013 by freesherlock 2 following the entry of a default order against the defendant conan doyle estate ltd leslie klinger has filed a motion for summary judgment asking that the court enter a judgement against the estate although the estate accepted service in this matter it never filed a responsive pleading as a result klinger s motion asserts there are no material issues of fact in dispute and it is entitled to judgment as a matter of law the motion has been noticed for hearing before the court on august 6 2013 documents are available for download in pdf format by clicking on the links below file stamped memorandum of law in support of motion for summary judgment file stamped motion for summary judgment file stamped notice of motion for summary judgment file stamped rule 56 statement posted in free sherlock 2 replies update june 2013 posted on june 8 2013 by freesherlock 1 the arthur conan doyle estate has failed to file a formal appearance or any other responsive pleading in the matter within the time granted to it we are considering our next actions in the case and will keep you posted posted in free sherlock 1 reply post navigation older posts newer posts archives december 2020 november 2020 october 2020 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