See on Scoop.it - Sherlock. Everywhere.

Everyone loves a good Hound of the Baskervilles or Study in Scarlet. But for a true Sherlock superfan, true insight awaits in Doyle’s final stories, and their only complete radio broadcast.


I Hear of Sherlock Everywhere's insight:

When I listen to Merrison and Williams, and I hear how this relationship of the characters they represent has changed — come together, gone apart, come together again — I think we’re all some version of one, and maybe them of us.


See on thesmartset.com

See on Scoop.it - Sherlock. Everywhere.

The Second Volume of the Eisner-nominated, Glyph Award-winning African-American Sherlock Holmes series by various creators.

I Hear of Sherlock Everywhere's insight:

Get on board this Kickstarter and share - tons of great rewards available! But there are only 4 days left to help reach the goal.


See on kickstarter.com

When an unscrupulous business effectively holds a gun to an author’s head in order to extract a payment, what’s one to do?
In Leslie Klinger’s case, he took the Conan Doyle Estate, Ltd. to court. And this week, following a decision for the plaintiff, the U.S. 7th Circuit Court of Appeals awarded legal fees to the plaintiff and warned the estate away from extortion.
For those who have been following the #FreeSherlock saga (click for our previous coverage), you’ll know that the United States Court of Appeals for the Seventh Circuit heard arguments in June regarding the appropriate copyright of the Sherlock Holmes stories.
Background
The plaintiff, Leslie Klinger, BSI, had sued for declaratory judgment on the Sherlock Holmes stories, looking for the first 50 to be declared clearly in the public domain, while the Conan Doyle Estate, Ltd., the business entity representing the financial interests of the relatives of Conan Doyle, indicated that Sherlock Holmes as a character was not fully formed until the last story had been written.The 7th Circuit, under Judge Richard Posner, issued a judgement in June (well worth reading; also available here), less than a week following the oral arguments, indicating that the first 50 stories were indeed in the public domain in the United States, and that any character elements that an author might wish to use in new stories would require the permission of the CDE. But stories incorporating elements prior to those stories being written were fair game.In that June decision, Posner pulled on examples ranging from Henry IV Part 1 and Part 2, Henry V and The Merry Wives of Windsor to the Star Wars saga to delineate the features of “flat” and “round” characters and the timing of their character development. Judge Posner said that “perpetual, or nearly perpetual copyright looms once ”one realizes that the Doyle estate is seeking 135 years (1887–2022) of copyright protection for the character of Sherlock Holmes.” He further indicated that later “alterations do not revive the expired copyrights on the original characters.”
Fees Awarded
That brings us to the decision this week (also available as an embedded document below), in which the court considered a request from Klinger to reimburse him the nearly $31,000 in legal fees that he incurred in the appeal. Not included in this request was an additional $39,000 in district court fees.The court decided unanimously in favor of Klinger, awarding him the full amount. Saying that “the defendant’s only defense bordered on the frivolous,” it was clear that the strength of the case was with the plaintiff and that the fees were not unreasonable.And then Posner went one further by deriding the Conan Doyle Estate, Ltd. business strategy as one that induced publishers succumb to the pressure to pay a fee or face high legal fees if they didn’t. The Doyle estate’s business strategy is plain: charge a modest license fee for which there is no legal basis, in the hope that the “rational” writer or publisher asked for the fee will pay it rather than incur a greater cost, in legal expenses, in challenging the legality of the demand. The strategy had worked with Random House; Pegasus was ready to knuckle under; only Klinger (so far as we know) resisted. In effect he was a private attorney general, combating a disreputable business practice—a form of extortion—and he is seeking by the present motion not to obtain a reward but merely to avoid a loss.

In case you think “extortion” is a bit of a stretch, here’s an excerpt from the letter that CDE sent to Pegasus Books:
If you proceed instead to bring out Study in Sherlock II [the original title of In the Company of Sherlock Holmes] unlicensed, do not expect to see it offered for sale by Amazon, Barnes & Noble, and similar retailers. We work with those compan[ies] routinely to weed out unlicensed uses of Sherlock Holmes from their offerings, and will not hesitate to do so with your book as well.
Beyond the extortionate element of the decision, the court also noted that the CDE, in enlisting the support of Amazon et al. in a boycott, was violating anti-trust laws.Perhaps the CDE will take the court’s final recommendation to heart:
It’s time the estate, in its own self-interest, changed its business model.

A Man for All Seasons
But perhaps the most notable and noble accolade in the decision are about Leslie Klinger himself. The court notes that Klinger “has performed a public service…with substantial risk to himself” and yet has simply asked to recoup only his costs, while he “deserves to be rewarded" for "exposing the estate’s unlawful business practices."You can read the entire decision below.
Klinger v. Conan Doyle Estate Ltd. - 7th Circuit Court Awards Damages by I Hear of Sherlock Everywhere

When an unscrupulous business effectively holds a gun to an author’s head in order to extract a payment, what’s one to do?

In Leslie Klinger’s case, he took the Conan Doyle Estate, Ltd. to court. And this week, following a decision for the plaintiff, the U.S. 7th Circuit Court of Appeals awarded legal fees to the plaintiff and warned the estate away from extortion.

For those who have been following the #FreeSherlock saga (click for our previous coverage), you’ll know that the United States Court of Appeals for the Seventh Circuit heard arguments in June regarding the appropriate copyright of the Sherlock Holmes stories.

Background

The plaintiff, Leslie Klinger, BSI, had sued for declaratory judgment on the Sherlock Holmes stories, looking for the first 50 to be declared clearly in the public domain, while the Conan Doyle Estate, Ltd., the business entity representing the financial interests of the relatives of Conan Doyle, indicated that Sherlock Holmes as a character was not fully formed until the last story had been written.

The 7th Circuit, under Judge Richard Posner, issued a judgement in June (well worth reading; also available here), less than a week following the oral arguments, indicating that the first 50 stories were indeed in the public domain in the United States, and that any character elements that an author might wish to use in new stories would require the permission of the CDE. But stories incorporating elements prior to those stories being written were fair game.

In that June decision, Posner pulled on examples ranging from Henry IV Part 1 and Part 2Henry V and The Merry Wives of Windsor to the Star Wars saga to delineate the features of “flat” and “round” characters and the timing of their character development. Judge Posner said that “perpetual, or nearly perpetual copyright looms once ”one realizes that the Doyle estate is seeking 135 years (1887–2022) of copyright protection for the character of Sherlock Holmes.” He further indicated that later “alterations do not revive the expired copyrights on the original characters.”


Fees Awarded

That brings us to the decision this week (also available as an embedded document below), in which the court considered a request from Klinger to reimburse him the nearly $31,000 in legal fees that he incurred in the appeal. Not included in this request was an additional $39,000 in district court fees.

The court decided unanimously in favor of Klinger, awarding him the full amount. Saying that “the defendant’s only defense bordered on the frivolous,” it was clear that the strength of the case was with the plaintiff and that the fees were not unreasonable.

And then Posner went one further by deriding the Conan Doyle Estate, Ltd. business strategy as one that induced publishers succumb to the pressure to pay a fee or face high legal fees if they didn’t. 
The Doyle estate’s business strategy is plain: charge a modest license fee for which there is no legal basis, in the hope that the “rational” writer or publisher asked for the fee will pay it rather than incur a greater cost, in legal expenses, in challenging the legality of the demand. The strategy had worked with Random House; Pegasus was ready to knuckle under; only Klinger (so far as we know) resisted. In effect he was a private attorney general, combating a disreputable business practice—a form of extortion—and he is seeking by the present motion not to obtain a reward but merely to avoid a loss.

In case you think “extortion” is a bit of a stretch, here’s an excerpt from the letter that CDE sent to Pegasus Books:

If you proceed instead to bring out Study in Sherlock II [the original title of In the Company of Sherlock Holmes] unlicensed, do not expect to see it offered for sale by Amazon, Barnes & Noble, and similar retailers. We work with those compan[ies] routinely to weed out unlicensed uses of Sherlock Holmes from their offerings, and will not hesitate to do so with your book as well.

Beyond the extortionate element of the decision, the court also noted that the CDE, in enlisting the support of Amazon et al. in a boycott, was violating anti-trust laws.

Perhaps the CDE will take the court’s final recommendation to heart:

It’s time the estate, in its own self-interest, changed its business model.

A Man for All Seasons

But perhaps the most notable and noble accolade in the decision are about Leslie Klinger himself. The court notes that Klinger “has performed a public service…with substantial risk to himself” and yet has simply asked to recoup only his costs, while he “deserves to be rewarded" for "exposing the estate’s unlawful business practices."


You can read the entire decision below.


I Hear of Sherlock Everywhere: Collectors Edition of The Private Life of Sherlock Holmes Soundtrack

What we’re listening to.



A general store on Route 66 featuring "a little Ford" [LAST]

It’s summertime and the Sherlocking is easy! In our 66th episode, we travel down the road with the top down and enjoy the sites and news along the way.

Our breezy conversation ranges from hockey and snow (it’s Christmas in July!), which sends us down a rabbit hole of snow in the Canon, to the latest in the #FreeSherlock movement, and then on to some events.

But the real fun begins when Burt and Scott investigate the various iterations of Sherlockian tchotchkes that give us kicks as Sherlockians. As it happens, our little show and site focuses on the intersection of Sherlock Holmes and popular culture, so our dueling top 10 lists should bring a smile to your face.

What did we miss? What would you add to the lists that we started? Let us know with a comment tagged #IHOSE 66.

Speaking of hashtags - don’t forget the contest we mentioned in Episode 65. You have until August 30 to enter for a chance to win the Tom Richmond print of the 8 Sherlock Holmes portrayals.

Our Gas-Lamp this time is “A long, long trail a-winding" from the Spring issue of 2014 (Vol. 64, No. 1) of the Baker Street Journal.

Finally, Burt shares news of his talk at a local library - perhaps serving as a model for like-minded Sherlockians in other communities to do the same.

Links:

 

Please subscribe to us on iTunes and be kind enough to leave a rating or review for the show. And please tell a friend about us, in any fashion you feel comfortable.

Your thoughts on the show? Leave a comment below, send us an email, call us at (774) 221-READ (7323) or use the Speakpipe app right here on the site. Connect with us and other interested Sherlockians on The Sherlock Holmes Community on Google+, FacebookTwitter and Tumblr. And of course, our web- and app-based Flipboard magazine is a nice collection of links, articles and images.

And above all, please let our sponsors know that you heard us rant and rave about their excellence during the programme: Wessex PressThe Baker Street Journal - and as always, a very special sponsor.

Bonus Content:

Avid listeners who stay with us for the entire episode will be treated to a little extra something.

 

Image credit: Harry Pherson (Flickr)


Check out this episode!


Visually, the most faithful production of the Sherlock Holmes stories. Jeremy Brett in “The Naval Treaty.”

conchs82:

bakerstreetbabes:

double-zero-agent-alison:

Jeremy Brett in “The Naval Treaty”

Fabulous episode.

The third pic captures his beauty.

Source double-zero-agent-alison


I Hear of Sherlock Everywhere: New Sherlock Holmes Boom? What New Sherlock Holmes Boom?

In an exceedingly well written essay, James O’Leary opines on a subject that may touch the third rail of Sherlockian fandom.

tl;dr

We’ve seen this before. "There is nothing new under the sun." [STUD]

But is it different this time around?


Want to win this Sherlock Holmes print?
The clues are within Episode 65 of I Hear of Sherlock Everywhere: Art in the Blood. 
MAD Magazine artist Tom Richmond joins us to discuss how Sherlock Holmes has inspired his work (and vice versa). During the show, we describe what you have to do to be eligible to win one of his limited edition prints of “The Game’s Afoot!”
Download or listen to the show directly, or subscribe on iTunes.

Want to win this Sherlock Holmes print?

The clues are within Episode 65 of I Hear of Sherlock Everywhere: Art in the Blood

MAD Magazine artist Tom Richmond joins us to discuss how Sherlock Holmes has inspired his work (and vice versa). During the show, we describe what you have to do to be eligible to win one of his limited edition prints of “The Game’s Afoot!”

Download or listen to the show directly, or subscribe on iTunes.



After a slight delay (thanks to a crashed hard drive and a lost interview), we’re back with a super-sized episode that we hope will make up for our absence.

We’re pleased to welcome Tom Richmond, one of the “Usual Gang of Idiots” at MAD Magazine. Tom’s career has been a most interesting one, and we explore how he managed to take an adolescent aspiration and turn it into an award-winning career at the bible of comedic publications.

During this show, you’ll find out how inspiration comes to a creative type who works in his basement of his Minnesota home; the role of Batman and Superman in Tom’s career development; how Tom first came to meet Sherlock Holmes (hint: we’ve had his muse on the show previously). A good deal of the program will be related to art, comic art, caricature and the visual aspect of Sherlock Holmes, which should interest a Sherlockian art collector like Jerry Margolin, who was on IHOSE #16.

Speaking of collecting, you may have noticed the image at the top of this show’s entry. That lovely piece of work - "The Game is Afoot!" - is available as a limited edition print. Tom talks about his previous experience with Dr. Who and James Bond prints and how he came to select the eight actors to represent Sherlock Holmes on this print. If you’d like to purchase one, Tom’s site has a limited run of 450 for just $25 (cheap).

Your chance to win big!

In addition to giving you the opportunity to purchase one of Tom’s prints, we have a listener contest in which you could win one of these highly coveted prints (plus one other special item we mention in the show). How can you make yourself eligible to win? Well, you’ll just have to listen to the episode and discover where we lay out the rules. [But it does involve the hashtag #IHOSE65.] The contest is open until August 30, 2014.

 

A few listener comments - including one that appeared as a message in a bottle (see below) - graced our inboxes this time around.

  

 

We selected an original Gas-Lamp to perfectly complement the show: “Art in the Blood,” from Vol. 8, No. 2 (April 1958) of the Baker Street Journal.

Links:

 

Please subscribe to us on iTunes and be kind enough to leave a rating or review for the show. And please tell a friend about us, in any fashion you feel comfortable.

Your thoughts on the show? Leave a comment below, send us an email, call us at (774) 221-READ (7323) or use the Speakpipe app right here on the site. Connect with us and other interested Sherlockians on The Sherlock Holmes Community on Google+, FacebookTwitter and Tumblr. And of course, our web- and app-based Flipboard magazine is a nice collection of links, articles and images.

And above all, please let our sponsors know that you heard us rant and rave about their excellence during the programme: Wessex PressThe Baker Street Journal - and one additional surprise sponsor this time around that we think you’ll enjoy.

Bonus Material 

If you happen to subscribe to our program via our IHOSE Android app, our IHOSE iOS app, or our IHOSE Windows app, we occasionally throw in bonus content to justify the $1.99 or so that the app stores charge for it. In this case, we’ve given you a PDF with each one of Tom’s Sherlock Holmes characterizations on its own page.

    


Check out this episode!


1923's The Sign of Four at The San Francisco Silent Film Festival

Will you be attending?



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