The upcoming Netflix film Enola Holmes, which is based on the book series by Nancy Springer, is being sued by the Conan Doyle Estate for copyright infringement and trademark violations.
The movie, which stars Stranger Things’ Millie Bobby Brown as Sherlock Holmes’ adventurous sister Enola, is not a part of official Sherlock Holmes canon though it does feature the character of Sherlock Holmes, here played by The Witcher and DCEU’s Henry Cavill. The lawsuit targets Netflix, Legendary Pictures, Penguin Random House and others, including author Nancy Springer, according to THR.
In 2014, it was ruled that all the Arthur Conan Doyle Sherlock Holmes stories written before 1923 were public domain, so the Conan Doyle Estate only has a claim to the last 10 original stories written between 1923 and 1927.
Here’s where it gets interesting though. The lawsuit “alleges that the difference between the public domain stories and the copyrighted ones is emotions.” Meaning, the stories the Estate owns are the later stories where Sherlock Holmes actually shows emotion. After losing both his son and brother, Sherlock Holmes became “warmer” in the final stories.
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Does this mean that any project that features a more emotional and warm Sherlock Holmes would violate a copyright? Can an estate lay claim to a character’s emotions? This would mean that any Sherlock Holmes that isn’t cold and unemotional would be in violation. The complaint states that Henry Cavill’s Sherlock, in the film, is based on character traits that are owned by the Estate.
In 2015, the Estate sued Miramax over Mr. Holmes and that case was eventually settled, though that lawsuit was regarding the movie dealing with Sherlock Holmes’ retirement, which is only part of his final stories.
Enola Holmes, which is due on Netflix in September, also stars Sam Claflin as Mycroft Holmes and Helena Bonham Carter as matriarch Eudoria Holmes.
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Matt Fowler is a writer for IGN and a member of the Television Critics Association. Follow him on Twitter at @TheMattFowler and Facebook at Facebook.com/MattBFowler.
Source: IGN.com This Netflix Movie Gave Sherlock Holmes Too Many Emotions So It's Being Sued