Adam H. Kerman <
[email protected]> wrote:
The True Melissa <[email protected]> wrote:
I mentioned yesterday that I tried out a Paramount+ show named Watson.
The premise is nuts: A modern (and black and American) John Watson,
after Holmes' death, is carrying out Holmes' last wish of running a
medical clinic specifying in exotic diseases, while Moriarty lurks
around. This is almost, but not quite, entirely unlike Sherlock Holmes.
I can't help speculating that this was originally planned to be a
spinoff of House, M.D. This is a medical mystery drama with sudsy
subplots among the clinicians, so it's a similar show in many ways. Did >>Watson begin as Foreman? Did the people who own the House, M.D. rights
want too much money? Did they have to yoink it back to an earlier >>generation of the idea?
On House, M.D., Dr. James Wilson (Robert Sean Leonard) was the Watson >character, not Foreman.
Making it a spinoff rather than in the style of Sherlock Holmes means >unnecessarily paying royalties. The Arthur Conan Doyle estate had been >demanding royalties till copyright on every story expired on the legal
theory copyright applied to the body of work and not individual stories
and novels as they were first published. Fortunately, no trial court had >sustained that legal theory. Any new element introduced by a later story >remained under copyright till expiration, but there was no restriction
on use of elements from any story whose copyright had expired.
He died in 1930. Anything he wrote at the very end of life expired. I
forget whether the 95th calendar year is in copyright or out of
copyright. I would argue, of course, that keeping anything in copyright >decades after death did not inspire him to write subsequent stories, but >others disagree.
Ok. I looked it up. Doyle's worked were published and copyright in the
United States was secured under the 1909 Copyright Act. I have no idea
what law applied to earlier stories; A Study in Scarlet was published in
1887. The copyright duration applied to publication (the current act
applies to original works of authorship that are "fixed in a tangible
form of expression", which will happen prior to publication) or
registration, whichever came first.
For the purpose of the 1909 act, I didn't look up the copyright period
for works first published outside the United States (without simultaneous publishing in the United States) and whether the term begins with first publication or first publication in the United States. As publication is
the act of creating copies of a work for sale and distribution (without ownership of rights to the work), a foreign publication has been published
in the United States upon sale and distribution in the United States
prior to its first United States print run. I'm not sure how the first
United States sale of a foreign publication without a domestic print run
is proven, so I suspect that the term began with foreign publication.
There were two terms. The initial term of 28 years. Note that copyright registration continues to apply in the final year of the term. In the
28th year of copyright, there was mandatory renewal for a second 28
year term. If renewal did not take place during the calendar year, then
the work entered public domain with the end of the first term.
With the 1976 act coming into effective in 1978, it was still mandatory to timely renew works copyrighted under the 1909 act for the second term to prevent them from entering public domain with the expiration of the first
28 year term. With a subsequent amendment, there was automatic renewal of copyright for a second term of a work copyrighted under the 1909 act in
the 28th year of the first term after the 1992 amendment became effective.
If copyright were timely renewed under the 1909 act, subsequent legislation extended duration of the second term to 47 years in the 1976 act and 67
years in the 1998 act. Yes, that does mean renewed works that entered
the public domain with the expiration of the second 28 year term were
taken out of the public domain till the extensions in the two subsequent
acts expired.
Doyle's final story was published in 1927. It's been in public domain
after the end of 2022.
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