Newsgroups: rec.arts.int-fiction
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From: jrs@netcom.com (John Switzer)
Subject: Re: Copyrighted characters in adventures
Message-ID: <jrsCosBMv.22w@netcom.com>
Organization: Netcom Online Communications Services (408-241-9760 login: guest)
References: <1994Apr22.113740.4946@vax1.mankato.msus.edu> <jrsCoqpo1.IME@netcom.com> <2pedft$m36@apple.com>
Date: Sun, 24 Apr 1994 22:25:42 GMT
Lines: 25

In article <2pedft$m36@apple.com> unknown@apple.com (Matt Ackeret) writes:
>In article <jrsCoqpo1.IME@netcom.com>, John Switzer <jrs@netcom.com> wrote:
>>If the works that contain that character are *all* in the public domain,
>>then you *should* be okay. So, Sherlock Holmes, Ebeneezer Scrooge, 
>>and Ishmael are all safe. However, if 1) some of the original author's
>
>	Unless something new happened in the very recent past, Sherlock
>Holmes is _not_ 'safe'.  The reason they stopped doing Sherlock Holmes/
>Moriarity stories on Star Trek:The Next Generation was because of some 
>legal hassle from the Doyle estate.  That was worked out (I presume TNG paid
>for some usage) and then they had Moriarity back (once?) since then.

I should have pointed out that Sherlock Holmes is one of the weird ones -
certain incarnations are "public domain" while others are not. Literature
use of Holmes might be safe although the estate might dispute it, but 
TV and movie use is far shakier, in part because of the numerous 
movie use of Holmes from WWII on and the "authorized" TV use such as
the British series. STTNG probably could have gotten away with their
use of Holmes, had they wanted to spend millions in legal battles, 
but it would have been a pyrhic victory obviously.
-- 
John Switzer             | "For too long, those who play by the rules and
                         |  keep the faith have gotten the shaft, and those
CompuServe: 74076,1250   |  who cut corners and cut deals have been rewarded."
Internet: jrs@netcom.com |   -- Bill Clinton, 1992 Democratic Convention
