Sherlock Holmes and the Case of the Copyright Conundrum

Entertainment
Written By Sammi Wong

This article was originally posted on Excuse My Thoughts. To learn about Ace Attorney's Sherlock, check out Why Ace Attorney’s Localization Is One of the Best of All Time.

Sherlock Holmes is probably the most famous fictional detective of all time. People might know others like Nancy Drew, Hercule Poirot, maybe even Veronica Mars. But it's Sherlock Holmes who stands the test of time. He's been in countless movies and television shows, stage plays and radio plays - he even has his own video games. With him playing a big role in culture for over a hundred years, you might think he's completely public domain. Public domain characters like Robin Hood, Frankenstein's Monster, and Dracula don't belong to anyone. But Holmes's legal situation is more complicated - and more interesting - than you might expect.

Basil Rathbone and Nigel Bruce as Sherlock Holmes and Dr. Watson, The Adventures of Sherlock Holmes, 1939.

Who Actually Owns Sherlock Holmes

Sir Arthur Conan Doyle's first Sherlock Holmes story was A Study in Scarlet, published in 1887. He went on to write four novels and fifty-six short stories of Holmes's and Dr. Watson's adventures. The stories became popular when Conan Doyle started publishing them in Strand Magazine, starting with 1891's A Scandal in Bohemia. Over twenty thousand readers cancelled their subscriptions in protest when Holmes was killed in 1893's The Final Problem. This eventually led to Conan Doyle bringing him back in 1903's The Adventure of the Empty House. Conan Doyle died of a heart attack in 1930; he had published his final stories in 1928.

In the UK, copyright expires seventy years after an author's death. However, in the United States, some copyrights expire ninety-five years after a work's first publication. So, some Holmes stories are public domain, while others are not. Some creators pay Conan Doyle's estate for the right to use these later stories. Others have challenged these licensing fees, believing Holmes should belong to everyone. Yet, the estate's lawyers think "plagiarism" is not only "harmful" to Conan Doyle, but society as well. They believe that without copyright law, creators won't "have the incentive to create [their own] amazing characters and stories".

Sherlock Holmes officially entered the public domain in 2014. This means that anyone can write a book or make a movie about him without paying legal fees. Still, Conan Doyle's estate continues to fight. They believe that since some of Holmes's adventures are still copyrighted, Holmes himself should still be copyrighted. Some organizations use Holmes's legal situation as an example of why we need copyright reform.

Ryunosuke Naruhodo and Herlock Sholmes, Dai Gyakuten Saiban: Naruhodō Ryūnosuke no Bōken, 2015.

The History of Herlock Sholmes

"Sherlock Holmes" is an unforgettable name. But what if he was "Herlock Sholmes" instead? In 1905, Maurice Leblanc published his first story about Arsène Lupin, a gentleman thief. Like Conan Doyle, he went on to write several novels and short stories about his character. But one story that got him in trouble was 1906's La vie extraordinaire d’Arsène Lupin: Sherlock Holmes arrive trop tard, where the two men meet while working the same case. Conan Doyle himself, who was still writing at the time, complained. In response, Leblanc republished the story, changing Holmes's name to Herlock Sholmès. In the English translation, he became Holmlock Shears, while Dr. Watson became Dr. Wilson. Leblanc continued to write about Herlock Sholmès until 1910.

However, the use of Herlock Sholmes didn't stop there. In 2014, video game developer Otomate released a visual novel called Code: Realize - Guardian of Rebirth. The game's cast of historical and literary characters included Queen Victoria, Van Helsing, Arsène Lupin, and Herlock Sholmès. Their version of the character was based on Leblanc's interpretation, not Conan Doyle's original work.

Finally, Ace Attorney is a popular visual novel series about lawyers. In 2015, a spin-off duology called Dai Gyakuten Saiban featured Sherlock Holmes as the game's main detective. Cases were named after specific Holmes stories, such as The Adventure of the Speckled Band and The Hound of the Baskervilles. Despite Ace Attorney's popularity, Holmes's American copyright issues kept the spin-off series from being officially localized. However, recent leaks suggest that the games will finally be released in English in 2021. Their solution, as you might have guessed, was to change Sherlock Holmes to Herlock Sholmes.

Henry Cavill and Millie Bobby Brown as Sherlock Holmes and Enola Holmes, Enola Holmes, 2020.

Sherlock Holmes and the Case of the Repressed Emotions

When you think of Sherlock Holmes, a few things might come to mind. His pipe, his deerstalker hat, even his keen sense of observation. But, Conan Doyle's estate argues, he shouldn't be remembered for having feelings. In 2020, Netflix released a movie called Enola Holmes based on a book series about Holmes's younger sister. In response, Conan Doyle's estate sued Netflix, the production company, the author, and the publisher. They insisted Holmes was portrayed as too emotional, making him more like the later, still-copyrighted Holmes stories. They even claimed Holmes's warmth towards women in particular was protected by law. The filmmakers responded that "warmth, kindness, empathy, or respect" cannot be owned, resulting in the lawsuit being dismissed. Conan Doyle's estate had previously sued Miramax for damages over 2015's Mr. Holmes for the same reasons.

Whether you prefer Sherlock Holmes to be distant and rational or warm and empathetic, Conan Doyle's estate has made their position clear. Future Holmes adaptations will likely continue to face the same problems, including potential Enola Holmes sequels and beyond. For more information on this strange legal battle, check out this article.

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Sammi Wong
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