publishing a Sherlock Holmes pastiche without breaking copyright law?
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Even though most of the Canon is in the public domain (except the Casebook), the characters of Holmes, Watson, et. al. are protected by copyright. At least, I think they are, but it's very hard to tell because the Web site that purports to be the Conan Doyle Literary Estate refers to Andrea Plunket, whose copyright over the Holmes characters is not recognized by US law. Jon Lellenberg is the American literary agent for the Arthur Conan Doyle estate, according to this New York Times article about the Holmes copyright.
Mr. Lellenberg said that Sherlock Holmes remains under copyright protection in the United States through 2023, and that any new properties involving the detective "definitely should" be licensed by the Conan Doyle estate...
I'm confused because many people are publishing Holmes pastiche without getting licensing or permission. Last weekend I spoke to an editor at Quirk Books who had several Holmes pastiches for sale, and none were officially licensed. He told me it is not necessary because the stories are in the public domain. But if the characters are still protected by copyright, how can publishers print so many pastiches without hesitation? And if publishers can do it and profit from it, can I, a solitary author who would probably self-publish my pastice, do the same without breaking the law?
I've wanted to write a Holmes pastiche for years and only the copyright issue has held me back. Any advice you have would be appreciated!
Even though most of the Canon is in the public domain (except the Casebook), the characters of Holmes, Watson, et. al. are protected by copyright. At least, I think they are, but it's very hard to tell because the Web site that purports to be the Conan Doyle Literary Estate refers to Andrea Plunket, whose copyright over the Holmes characters is not recognized by US law. Jon Lellenberg is the American literary agent for the Arthur Conan Doyle estate, according to this New York Times article about the Holmes copyright.
Mr. Lellenberg said that Sherlock Holmes remains under copyright protection in the United States through 2023, and that any new properties involving the detective "definitely should" be licensed by the Conan Doyle estate...
I'm confused because many people are publishing Holmes pastiche without getting licensing or permission. Last weekend I spoke to an editor at Quirk Books who had several Holmes pastiches for sale, and none were officially licensed. He told me it is not necessary because the stories are in the public domain. But if the characters are still protected by copyright, how can publishers print so many pastiches without hesitation? And if publishers can do it and profit from it, can I, a solitary author who would probably self-publish my pastice, do the same without breaking the law?
I've wanted to write a Holmes pastiche for years and only the copyright issue has held me back. Any advice you have would be appreciated!