On Dec. 23, 2013, the Northern District of Illinois delivered a Christmas present for the Sherlock Holmes lovers of the world: Klinger v. Conan Doyle Estate Ltd.,1 a suitably labyrinthine decision that should resolve any lingering mystery about the public domain status of the Sherlock Holmes stories by Sir Arthur Conan Doyle. Break out the deerstalker hat and calabash pipe as we describe the Klinger case and the creative, albeit unsuccessful arguments both sides asserted in their battle over the future of the 127-year-old Holmes franchise.

The Parties and the Works

Conan Doyle Estate Ltd. (Conan Doyle) is a company owned by members of Sir Arthur Conan Doyle’s family. Conan Doyle licenses its intellectual property, including copyrights, in the works of Sir Arthur Conan Doyle, including the Holmes works, to third parties through its exclusive authorized licensing agents in the United States. Leslie Klinger is the author and editor of 27 books and dozens of articles in the mystery and thriller literature genre, including two dozen books and numerous articles on Sherlock Holmes.