QUESTION
Can I publish a story using characters that belong to Sir Arthur Conan Doyle if I live in US and my publisher is an ebook publsher, also in the US?
Asked on Mar 07th, 2012 on Intellectual Property - Ohio
More details to this question:
The book uses Doyle''s characters, but the story is original. It doesn''t change anything Doyle had written, and I''m trying to see if I can publish it through my ebook publisher. The publisher is based in South Carolina, and I''m in Ohio.
2 ANSWERS
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Nancy J. Flint Attorney at Law, P.A.
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The copyrights on works by Sir Arthur Conan Doyle are asserted to last until the end of 2022 in the United States so you would need to steer clear of making a substantial copy or a derivative work of his works until that time to avoid a copyright infringement claim. In addition, his estate has registered many of the names of his characters as trademarks in the United States and has publicly stated that any use of his characters' names is prohibited without a license. Information on requesting a license can be found at http://www.sherlockholmesonline.org/licensinginfo/index.htm. In light of the estate's stance, you should consult an intellectual property attorney to discuss all of the facts surrounding your proposal.
Answered on Mar 11th, 2012 at 12:08 PM
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The representative of the Doyle estate has asserted that these characters, or at least some of them, are covered by copyright until 2023. There is some question about whether characters are copyrightable, but there is enough a stake for the estate that you should presume they will object to your proposed use and litigate if you proceed. For specific advice in copyright matters, you need to consult an attorney; the statements made here are not legal advice and cannot be relied upon in your commercial affairs.
Answered on Mar 07th, 2012 at 10:05 PM