Copyright in characters is not a new concept but it can take interesting twists. We saw this recently when litigation over the Netflix movie Enola Holmes raised the question just how far the term of copyright in Sherlock Holmes could be extended. A strictly 2020’s application of the doctrine has emerged recently as comic book
DOJ Keeps the Music Playing for ASCAP and BMI
On January 15th, the Department of Justice announced it has ended its two-year review of the 80-year old consent decrees that govern the operation of the largest music performing rights organizations in the United States: ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.). The DOJ decided not to
“Stranger Things”: Copyright Challenge to Popular Series Survives Motion to Dismiss
In response to a copyright claim that the Netflix series “Stranger Things” infringed the plaintiff’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law. In connection with the motion, Netflix submitted – and the Court accepted –
Follow Up: Enola Holmes Case Settles, Leaves Unsolved Mysteries
Owners of copyright in characters are often well-advised not to press their claims too far in litigation at the risk of losing their rights altogether. This may be what motivated a quick settlement of litigation over Sherlock Holmes.
In June, 2020, the estate of Sir Arthur Conan Doyle sued Netflix and others over their
Sherlock Holmes’s Sister Subject of Copyright Infringement Claim
A planned Netflix movie about Sherlock Holmes’s sister is the target of a lawsuit from the estate of Arthur Conan Doyle, the creator of the legendary detective. The estate has asserted both copyright and trademark claims.
The estate will have to walk a narrow path to prevail on its copyright claims. All but the last