A recent US court ruling that 50 Sherlock Holmes stories published before December 1923 are in public domain – hence free for all to use – raises questions about whether we’re about to be inundated with a flood of new Holmes adventures.
It’s subject to possible appeal, I suppose. But it’s a tricky issue. Here in New Zealand, all Sir Arthur Conan Doyle’s works have been public domain since 31 December 1980, the end of the fiftieth year after his death. But copyright terms and protections vary and his material has remained in copyright elsewhere. Some countries run 75 or 100-year copyrights after death, and the US has more than one term. The US court case came about, it seems, when a licensing deal with the Doyle estate tripped up.
To me, that raises a question. Sure, that ruling means any author can freely go ahead and use Sherlock Holmes and all the concepts and ideas that pre-date 1923 in stories of their own. This includes most of the classic Holmes imagery from the deerstalker cap to the pipe to the violin to the fact that it’s always 1895 and Hansom cabs are the way around London.
But should they?
Sherlock Holmes revisited has been done by authors. Nicholas Meyers’ The Seven Percent Solution, for instance. Or Fred Saberhagen’s The Holmes-Dracula File. And there have been innumerable adaptations of the stories for movies or TV.
As far as I am concerned, the only two adaptations that have come close to the spirit and intent of the Conan Doyle original were both by the BBC. There was the Jeremy Brett/Edward Hardwicke adaptation of the 1980s, which was utterly faithful to Doyle’s work in essential details. And there was the 2010 Benedict Cumberbatch/Martin Freeman re-telling, which was so faithful to the spirit that we can easily imagine Conan Doyle writing it, were he starting out today. Don’t forget, Holmes was set in what was, when Doyle started, the modern world.
I question whether re-imagining the Holmes character is effective. There’s been stupid Holmes and smart Watson (Michael Caine/Ben Kingsley Without a Clue, 1988). Or Holmes as action hero (Robert Downey/Jude Law Sherlock Holmes, 2009). But Holmes, as Conan Doyle imagined him, is iconic – so aren’t these new characters? Riffing on the old, but really something else?
That highlights what, for me, is the key issue for any author writing ‘new’ Holmes stories. Sure, there’s a market. But Holmes stories are hard to do well – and really, it’s elevated fan fiction. Isn’t it better for an author to invent something new?
Copyright © Matthew Wright 2014