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Adding New Story Elements Didn't Keep Sherlock Homes Characters Under Copyright in Later Stories
The U.S. Court of Appeals for the Seventh Circuit decided that the original characters in pre-1923 Sherlock Holmes works by Sir Arthur Conan Doyle are in the public domain, though additional elements were added to the characters in the stories still under copyright. Klinger v. Conan Doyle Estate Ltd., 14-1128.
Leslie S. Klinger, co-editor of the short stories anthology In the Company of Sherlock Holmes , filed suit for a declaration that pre-1923 character and story elements in Doyle's last ten Sherlock Holmes stories, published between 1923 and 1927, were also in the public domain. The estate argued, however, that no one work was a separate “derivative work” from the others, so the Holmes and Dr. Watson characters continued to have copyright protection.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.