"A Not-So-Elementary Copyright Case," Los Angeles Daily Journal
Publications
November 12, 2013
In this installment of the “Content Matters” column, Jenner & Block Partner Andrew J. “A.J.” Thomas explores questions surrounding when a literary character qualifies for copyright protection and in what form the character can enter the public domain. A.J. examines the issue through the lens of an ongoing battle between the estate of Sir Arthur Conan Doyle and a scholar of Doyle’s enduring Sherlock Holmes character. The scholar sued the estate earlier this year, seeking a declaratory judgment that elements of the character published before 1923 are in the public domain. Doyle’s estate has responded that all aspects of the character remain protected by copyright because Doyle did not finish creating Holmes until he wrote the last story in 1927.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
November 12, 2013
In this installment of the “Content Matters” column, Jenner & Block Partner Andrew J. “A.J.” Thomas explores questions surrounding when a literary character qualifies for copyright protection and in what form the character can enter the public domain. A.J. examines the issue through the lens of an ongoing battle between the estate of Sir Arthur Conan Doyle and a scholar of Doyle’s enduring Sherlock Holmes character. The scholar sued the estate earlier this year, seeking a declaratory judgment that elements of the character published before 1923 are in the public domain. Doyle’s estate has responded that all aspects of the character remain protected by copyright because Doyle did not finish creating Holmes until he wrote the last story in 1927.
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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