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Post by johnnypt on Apr 2, 2022 12:59:56 GMT -5
Thanks, Hunnu. I hadn't seen that before. I still hope the movie will be leaked somewhere. It’d just be footage since it wasn’t done, but it would be interesting to see.
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Post by karasuthecrow on Apr 2, 2022 13:26:55 GMT -5
Howard rights have been expiring an entering on public domain...could that help the movie to get released???
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Post by Jason Aiken on Apr 2, 2022 14:49:44 GMT -5
I'm not a lawyer, so take nothing in this post as legal advice, this is just my opinion as someone who has followed public domain and copyright topics for years, but the short story appears to be public domain even in the US. www.gutenberg.org/files/42188/42188-h/42188-h.htmThere's no reason an adaptation couldn't be released as long as they abided by the terms in the Sherlock Holmes case. See the public domain thread for more info on that: swordsofreh.proboards.com/thread/865/public-domain-copyright-status-creationsAlso, trademarks have nothing to do with a work or character not falling into the public domain. That's not their function, they don't extend copyright. I can't believe the IP Holding Company was able to shut this down but I guess it depends on the different countries involved.
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wulfhere
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Post by wulfhere on Apr 19, 2022 12:42:40 GMT -5
I'm not a lawyer, so take nothing in this post as legal advice, this is just my opinion as someone who has followed public domain and copyright topics for years, but the short story appears to be public domain even in the US. www.gutenberg.org/files/42188/42188-h/42188-h.htmThere's no reason an adaptation couldn't be released as long as they abided by the terms in the Sherlock Holmes case. See the public domain thread for more info on that: swordsofreh.proboards.com/thread/865/public-domain-copyright-status-creationsAlso, trademarks have nothing to do with a work or character not falling into the public domain. That's not their function, they don't extend copyright. I can't believe the IP Holding Company was able to shut this down but I guess it depends on the different countries involved. The threat of a lawsuit over trademark was probably what killed this film. Sure they might have won the case but by the time they did win, the legal fees paid out for the case would have destroyed any possibility of profit.
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Post by karasuthecrow on Apr 19, 2022 13:40:02 GMT -5
The threat of a lawsuit over trademark was probably what killed this film. Sure they might have won the case but by the time they did win, the legal fees paid out for the case would have destroyed any possibility of profit.
That sounds like a reallistic reason.
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Deleted
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Post by Deleted on Apr 19, 2022 17:49:01 GMT -5
I'm not a lawyer, so take nothing in this post as legal advice, this is just my opinion as someone who has followed public domain and copyright topics for years, but the short story appears to be public domain even in the US. www.gutenberg.org/files/42188/42188-h/42188-h.htmThere's no reason an adaptation couldn't be released as long as they abided by the terms in the Sherlock Holmes case. See the public domain thread for more info on that: swordsofreh.proboards.com/thread/865/public-domain-copyright-status-creationsAlso, trademarks have nothing to do with a work or character not falling into the public domain. That's not their function, they don't extend copyright. I can't believe the IP Holding Company was able to shut this down but I guess it depends on the different countries involved. The threat of a lawsuit over trademark was probably what killed this film. Sure they might have won the case but by the time they did win, the legal fees paid out for the case would have destroyed any possibility of profit.
The major flaw with the America legal system. In most countries the judge would have made Cabinet pay for the legal fees and the defense would have been fine. The current system allows large corporations to just grind down the little guy.
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