27 thoughts on “Happy Public Domain Day 2023”

1. I’ve never found custard pies especially funny, but I must admit the first one here got a snort out of me. Those who like such things must watch Bugsy Malone.

   I’ve been following the Holmes legal hijinks for some time, back when it seemed 2022 would never get here, or, if it did, I wouldn’t be here to appreciate it. I have a dozen or so short Sherlock Holmes pastiches and one serious, longer work. I may flog them somewhere in the near future.

   But it’s my understanding that the battle had already been fought and won, that Sherlock has been fair game since 2014, as long as nothing from the works that expire the end of 2022 was incorporated in a new story. That is, any reference to events in the last 10 stories published, such as the second Mrs. Watson, would have been a copyright violation.

   Maybe I’ll just post my tales on my blog, starting with The Adventure of the Empty Trunk: “It was half eight in Baker Street, and Holmes was sawing away at his violin, producing a creditable simulation of a cat fight. I didn’t say so, having already mentioned it thrice . . .”

   • J, your Sherlock stories sound terrific. And now you can publish them in any form you wish.

     You’re correct that the character entered public domain years ago but the estate continued to try to charge licensing fees which many authors paid to avoid expensive lawsuits.

     How about a new story: “The Case of the Caricatured Copyright”?

2. Funny how the “what happened” question raises in your mind as soon as you see that a couple of those films listed have been lost. You wonder what their story was, i.e. did they get permanently misplaced? Lost in a warehouse fire or earthquake? Who knows.

   I’ve heard the phrase about scream for ice cream but I never knew where it came from nor that it went back that far.

   As I am not a fan of remakes generally (with some exceptions) I don’t see myself being tempted to utilize a character from a public domain work. The one possible temptation would be a couple of Zane Grey’s books.

   The concept of silent films amazes me. I don’t know how long they typically were but in this fast-paced, ADHD day and age, I think I’d be fidgeting trying to sit through a silent film. But I’m sure at the time it was quite captivating. Amazing how things evolve.

   • Thanks for stopping by, Brenda.

     Celluloid in old films deteriorated with time and was also flammable. A lot were lost to fire. Unless copies were made, many movies ceased to exist.

     Turner Classic Movies sometimes runs old silent features, which are fun to watch. Stories are told with action and facial expressions. I’m surprised at how quickly some plots move, maybe because there isn’t extraneous dialogue to fill the time.

     Let’s scream for ice cream!

     • Nitrate-based film tended to deteriorate and catch fire easily. Four notable vault fires took away the only copies of many silent films. Some films were destroyed to recover the silver therein. It’s said that 3/4 or more of the old films are lost, 7/8 for pre-1929 works. Wankerpedia has a depressing article on the topic.

       There was an incident at a major studio where an executive wanted more office space and they used the vault, which was emptied, and the contents thrown in dumpsters.

       • Thanks for the additional info, J.

3. Wow, Debbie, fantastic post! Really interesting material. It would be fun to have more time to explore some of these works.

   As to creative juices flowing, mention of the Hardy Boys #1 – #3 caught my attention. When I was in elementary school and had access to a library, that was the first series that seriously addicted me. I would take a book home and climb up into a tree, reading while people walked by on the sidewalk below.

   Sherlock certainly deserves some investigation. He would make a wonderful wizard for an addition to a fantasy series.

   So much to consider! Thanks, Debbie!

   • Thanks, Steve.

     I liked the Hardy Boys almost as much as Nancy Drew.

     Up in a tree reading is an idyllic childhood memory.

4. Always like to see the new PD entries, Debbie. One area writers can exploit is songs. As we know, quoting song lyrics requires getting permission and paying a fee (though I’ve argued here for fair use). Years ago I paid a fee to quote the full lyrics of a Cole Porter song that my Lead sings for an audition. When I got the rights back and republished it (as No More Lies), instead of reupping with another payment, I went to the PD site and found a 1926 song that works just as well. Boom. Took Mrs. B out for a nice dinner with the savings.

   And…we do not appreciate the artistry in those pie fights. It took a special skill to get those confections to hit a face full on. Retakes were onerous, involving clean up and doing it again. This one from Mr. Laurel and Mr. Hardy is the quintessence of the form.

   • Love those great old standards, Jim. Great idea to mine them for song lyrics to include in stories.

     My all-time L&H fave remains The Music Box https://www.youtube.com/watch?v=mzaGjsq977Q

     • Those steps are still here in L.A. I’ve walked them!

     • Hilarious. I knew it would end badly, but didn’t see the pen gag coming. Beautifully orchestrated.

   • ASCAP does not believe in fair use, and they have the money and lawyers to prove it. I’ve had friends who tried to pay a fee to use a few lines, and ASCAP wanted more than what the book would make in its lifetime.

     • Doesn’t “prove” anything but deep pockets, which is, of course, why no author takes it to court. Not worth the cost. You can paraphrase as a workaround, so no headaches. But if Elon Musk wrote a novel and wanted to go to court over this, he’d win.

       • Perfect! He can do that in his spare time at his desk while driving Twitter (and Tesla) into the ground.

         • One of Murphy’s many laws: Them that’s got the gold makes the rules.

5. Fascinating post, Debbie. Thanks for all the information. I had no idea that the last Sherlock Holmes stories were coming into public domain this year–for some reason, I thought it would be for a while longer. I’m a long-time fan of the great detective, and the thought of writing a story or three about him is intriguing. Hmm.

   I saw “Wings” a few years ago–we picked up the blu-ray. A cinematic epic. Amazing aerial battle sequences using WW1 veterans, and a fine story.

   Foster’s “Aspects of the Novel” is a book I recall reading back in the 1980s–learning that it is now in the public domain gives me an idea. Not that I needed more projects. Maybe I did. You can never have too many, right? 🙂

   Thanks for the all the food for thought this morning. Have a wonderful week!

   • “Food for thought.” Very funny.

     • 🙂 That truly is the pie-fight to end all pie-fights.

   • Thanks, Dale. Nope, never can have too many ideas. Too little time, yes.

     Restoration of classic films is an art form. Stories like Wings stand the test of time.

6. Fantastic post, Debbie. I had never seen the pie fight before. I wonder how many pies were in that sequence!

   A year or so ago someone in our book club picked Anthony Horowitz’s The House of Silk. It’s a Sherlock Holmes story and I was surprised that he had the right to publish it. He published in 2011, but now–thanks to you–I understand how that worked.

   I’m going to be interested to see how many Holmes books get published in the next few years.

   • Thanks, Kay.

     Reportedly 3000 pies were thrown, earning a place in the Guinness Book of World Records.

     Wonder how long it took to clean up the mess???

7. As a writer, I’ve never needed to use other authors’ works, and most of those who do use it as a marketing device more than a creative device. Some people will read a detective novel set in the Victorian/Edwardian period, but a lot of people will read a detective novel set in Sherlock’s universe. Sad, but true.

   • Marilynn, good observation about the difference between marketing device and creative device.

     Some readers are more comfortable with tried and true characters they know while others like a new adventure. Fortunately there are plenty of books to fill everyone’s needs.

8. Rather than finding inspiration, I’m afraid my mind jumped the other way. Could be the time of day, as I’m running on fumes at the moment. The thought of another writer reimagining my characters horrifies me. On one hand, it means the characters grew to such immense popularity that other writers would want to reimagine them. On the other hand–just no. Even when I’m long dead, they’re still my creations. LOL

   • Sue, your characters will always be uniquely yours. But I gotta ask, are you leaving the rights to Mr. Mayhem to your heirs 😉

     • Hahaha. He’s precisely who I was thinking of. And Poe! 😉

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