Happy Public Domain Day 2023

By Debbie Burke

@burke_writer

1927 was a watershed year in motion picture history. 

Wings won the first Academy Award for Best Picture. 

“Wait a minute…wait a minute…you ain’t heard nothin’ yet.”

Those were the first words ever spoken in a motion picture. Although The Jazz Singer is now considered insensitive, nevertheless, it stands as an historic moment in 1927 when the first “talkie” rang the death knell for the silent film era.

You can listen to a clip of Al Jolson’s first words here. 

 

January 1, 2023 was Happy Public Domain Day when copyrights ended for movies, literary works, and music published in 1927.

Here’s a partial list of works that are now in the public domain, provided by Duke University.

Literary:

Herbert Asbury, The Gangs of New York

Willa Cather, Death Comes for the Archbishop

Agatha Christie, The Big Four

Countee Cullen, ed., Caroling Dusk: An Anthology of Verse by Black Poets of the Twenties

Franklin W. Dixon, The Tower Treasure (The Hardy Boys #1)

Franklin W. Dixon, The House on the Cliff (The Hardy Boys #2)

Franklin W. Dixon, The Secret of the Old Mill (The Hardy Boys #3)

 

 

 

Arthur Conan Doyle, “The Adventure of the Veiled Lodger” and “The Adventure of Shoscombe Old Place,” the last two stories from The Case-Book of Sherlock Holmes (which means Holmes himself is now in the public domain)

E.M. Forster, Aspects of the Novel

Ernest Hemingway, Men Without Women

Hermann Hesse, Steppenwolf

Franz Kafka, Amerika

Anita Loos, But Gentlemen Marry Brunettes

Edith Wharton, Twilight Sleep

Thornton Wilder, The Bridge of San Luis Rey

Virginia Woolf, To the Lighthouse

Films: 

Metropolis (directed by Fritz Lang)

The Jazz Singer (the first feature-length film with synchronized dialogue; directed by Alan Crosland)

Wings (winner of the first Academy Award for outstanding picture; directed by William A. Wellman)

Sunrise (directed by F.W. Murnau)

The Lodger: A Story of the London Fog (Alfred Hitchcock’s first thriller)

The King of Kings (directed by Cecil B. DeMille)

London After Midnight (now a lost film; directed by Tod Browning)

The Way of All Flesh (now a lost film; directed by Victor Fleming)

7th Heaven (inspired the ending of the 2016 film La La Land; directed by Frank Borzage)

The Kid Brother (starring Harold Lloyd; directed by Ted Wilde)

The Battle of the Century (starring the comedy duo Laurel and Hardy; directed by Clyde Bruckman)

Upstream (directed by John Ford)

Music:

The Best Things in Life Are Free (George Gard De Sylva, Lew Brown, Ray Henderson; from the musical Good News)

(I Scream You Scream, We All Scream for) Ice Cream (Howard Johnson, Billy Moll, Robert A. King)

Puttin’ on the Ritz (Irving Berlin)

Funny Face and ’S Wonderful (Ira and George Gershwin; from the musical Funny Face)

Can’t Help Lovin’ Dat Man and Ol’ Man River (Oscar Hammerstein II, Jerome Kern; from the musical Show Boat)

Back Water BluesPreaching the BluesFoolish Man Blues (Bessie Smith) Listen here.

Potato Head BluesGully Low Blues (Louis Armstrong)

Rusty Pail BluesSloppy Water BluesSoothin’ Syrup Stomp (Thomas Waller)

Black and Tan Fantasy and East St. Louis Toodle-O (Bub Miley, Duke Ellington)

Billy Goat StompHyena StompJungle Blues (Ferdinand Joseph Morton)

My Blue Heaven (George Whiting, Walter Donaldson)

Diane (Erno Rapee, Lew Pollack)

Mississippi Mud (Harry Barris, James Cavanaugh)

~~~

Of particular interest to mystery authors, the last two works by Arthur Conan Doyle featuring Sherlock Holmes are now in the public domain. What does this mean to writers?

If you’ve always hankered to feature the iconic Sherlock as a character in new adventures, you are free to do so without violating copyright or worrying about legal repercussions (more on that in a moment).

Here are a few genre possibilities:

Sherlock uses his powers of deduction to solve contemporary mysteries in the 21st century;

Or he time-travels through history in pursuit of villains;

Or fantasy stories might bestow magical superpowers like flying, turning invisible, telekinetically moving objects, and casting spells;

Or sci-fi, where he travels to distant universes—a rocket ship or space station makes a great setting for a locked room mystery;

Or for romantic suspense, he can fall in love.

Although a number of contemporary works have featured Holmes and Watson, there is a copyright backstory that’s nearly as complicated as Conan Doyle’s mysteries.

Even though Sherlock and Watson had already entered the public domain, legal battles over Sherlock’s copyright persisted for years. The Conan Doyle estate claimed various justifications to charge licensing fees to authors and film makers who wanted to use the characters.

Most creators paid the fees rather than endure the time and expense of taking the estate to court. But attorney Leslie Klinger fought back and won.

In one suit, Judge Richard Posner criticized the estate’s “unlawful business strategy” and stated:

The Doyle estate’s business strategy is plain: charge a modest license fee for which there is no legal basis, in the hope that the ‘rational’ writer or publisher asked for the fee will pay it rather than incur a greater cost, in legal expenses, in challenging the legality of the demand.

The expiration of the copyright on the last two works featuring Sherlock has now ended any possible claims by the estate.

Sherlock is finally, unquestionably free for any creator to use.

That means, as to Sherlock’s future adventures…you ain’t heard nothin’ yet.

~~~

Just for fun, here’s The Battle of the Century, featuring Laurel and Hardy and the greatest custard pie fight of all time:

~~~

TKZers: Do any stories, movies, or songs from 1927 make your creative juices flow?

Do you have ideas for repurposing works that are now in the public domain?

Please share your ideas in the comments.

Back to the Future

Uh oh. This technology thing is great when it works, but right now it’s not working well. I am having trouble with Google Chrome across the board — search engines, blog access, Drive — it all needs a shot of technological Ex-Lax as I write this. I am not sure if the problem is system-wide or if it’s a PICNIC (Problem In Chair Not In Computer) problem but we’ll keep plugging away. It’s ironic, because what I was going to discuss today is how much I love technology.

I am 61 years old. I feel for the most part like I am in my early 20s. I can remember my childhood, for better or worse, very well. When I was in grade school I, for a number of reasons, spent a lot of time sitting and waiting in the car. When I could anticipate these waits I brought a stack of comic books or a Hardy Boys book and spent the time reading. If I exhausted the reading material I wound up sitting and spinning, as it were.

For the last couple of weeks I’ve been revisiting those times, sitting and waiting, usually in the car, as I have been chauffeuring my younger daughter around to acting rehearsals, voices lessons and the various la-da-da-da-dee that parents do before their children are old enough to drive. The distance from our house to the destination often precludes dropping off and going home and coming back later; it’s easier to stay and sit and wait. As long as I have my Kindle Fire, that is.

Did I mention at some point here that I received a Kindle Fire for Christmas? It’s taken me a little while but I have it up and running to the point where it is more than a really sharp e-reader, and the result is that it has become something that I cannot be or do without. I had to smack it a bit to accept Google Drive, but now that it has I can run my law practice from it; work on manuscripts; write book reviews; write blogs; answer e-mail; listen to music tracks; watch videos; keep track of that daughter of mine; and yes, read comic books. That stack of comic books is now theoretically inexhaustible. Oh, and if I want a Hardy Boy book? Yeah, I can get one of those, too.

I don’t want to turn this into a “when I was boy” essay, so I won’t. I read a lot of science fiction when I was younger, however, and to paraphrase Pogo I have seen the future, and it is us. We may have been promised jetpacks, but what we have is plenty good enough. I took my car in for service the other night and the friendly greeter/advisor who met me at the door no longer carries a clipboard. He’s got a tablet, and with a couple of taps he had my vehicle history all the way back to…well, back to when the only tablets were made of aspirin or paper.

Is there a question here? Sure! What technological development has directly changed your life or occupation the most? What new technological tool is indispensable to you?

Why I Never Read Nancy Drew or The Power of Enid

By Clare Langley-Hawthorne
www.clarelangleyhawthorne.com

Perhaps Michelle’s blog post last week has put me in a confessional mood but I feel I ought to admit that I have never read a Nancy Drew book or a Hardy Boys’ mystery. Not one. Not ever. And you know what – I’m not going to either. Sure when I’m on a panel discussion I sometimes I feel a wee bit embarrassed by this perceived lack of education but to be honest, I don’t really care. I’m Australian. My parents are British. We read Enid Blyton. Deal with it.

But then of course I get the blank stares – who the hell is Enid Blyton? So I think it’s about time to celebrate the power of Enid.

Even when I started reading her books in the late 1970’s she was old fashioned – full of bizarre references to Tongue sandwiches, anchovy paste, macaroons and orangeade. I had little idea what these were and I certainly never had midnight feasts at boarding school or discovered German spies on an offshore island – but still I was hooked.

The Famous five were early favorites: Julian, Dick, George (the tomboy), Anne and Timothy the Dog – constantly finding themselves in trouble with gypsies, circus folk, mad scientists and smugglers. I was never very keen on the Secret Seven – they were ‘dags’ (Australian for nerds). My other favorites, however, included the ‘Secret Series’ (such as The Secret of Spiggy Holes and The Secret of Killmooin) and The ‘Mystery series’ (such as The Ring O’Bells Mystery, The Rubadub Mystery). But my all time favorite was the ‘Adventure’ series – The Island of Adventure, the Castle of Adventure, The River of Adventure – you get the picture. Enid was never what you’d call innovative with her titles.

What was the enduring power of these books? I think the Harry Potter phenomenon captures something very similar – the ‘derring-do’ of the British child. I’d even go as far to call it an archetype – and I fell for it hard. How I wanted to go for holidays in a horse drawn caravan and encounter circus folk, or have famous aviator parents who flew you to mythical lands. Why couldn’t I get mumps and recuperate in an English village full of mysteries? Why wasn’t I allowed to sail to my own secret island?!

Believe it or not I think kids are still reading Enid Blyton – despite the fact that they are a product of a bygone era in which racial stereotypes and British imperialism is rampant. Despite all this, however, I’m happy to stand proud by Enid – and I bet that George (really gender confused Georgina) and Timmy the dog would whip Nancy Drew’s butt any day of the week.