We cannot find any basis in statute or case law for extending a copyright beyond its expiration. When a story falls into the public domain, story elements—including characters covered by the expired copyright—become fair game for follow-on authors.
More important, extending copyright protection is a two- edged sword from the standpoint of inducing creativity, as it would reduce the incentive of subsequent authors to create derivative works (such as new versions of popular fictional characters like Holmes and Watson) by shrinking the public domain.
[If a work enters the public domain on a date stemming from first creation not final improvement the original creator may not be inclined to “improve” the work but later] other artists will have a greater incentive to improve it, or to create other works inspired by it, because they won’t have to pay a license fee to do so provided that the copyright on the original work has expired.

7th Circuit Judge Richard Posner

In other words, the 7th circuit affirmed last December’s ruling that all but the last 10 Holmes stories are now in the public domain, in a ruling that criticizes long copyright terms and praises transformative works. The dicta would be beneficial to inspired secondary creators in cases involving transformative works.

anonymous asked:

Dear Miss Adler, thank you for making me a copy of the sex tapes you acquired from Sherlock, they were hilarious. For as good as I've heard John is in bed he seems to be very bored when Sherlock is on top. I'm looking forward to seeing how your tutelage improves dear Sherlock's performance. I suggest emphasizing the fact that John's pleasure should be just as important as his own. On the plus side he has plenty of room to improve. Good luck, Jim Moriarty


[part 1] [part 2] [part 3] [part 4] [part 5 end]~♥

  • John :We don’t know a thing about each other. I don’t know where we’re meeting, I don’t even know your name.
  • Sherlock :I know you’re an Army doctor, and you've been invalided home from Afghanistan. You've got a brother worried about you, but you won’t go to him for help, because you don’t approve of him, possibly because he’s an alcoholic, more likely because he recently walked out on his wife, and I know your therapist thinks your limp's psychosomatic, quite correctly, I’m afraid. That’s enough to be going on with, don’t you think ? The name is Sherlock Holmes, and the address is 221B baker street. Afternoon.