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The estate, however, argued that the characters of Holmes and Watson continued to get developed by the entire canon, together with within the ten tales, and therefore ought to remain below copyright protection till the final work enters the public domain. The property argued that Sir Arthur Conan Doyle developed the characters all through the canon and subsequently, no single work is a derivative work of one other. The Property contended that the character cannot be lawfully used with out a license till the copyright of the later works-wherein the characters of Holmes and Watson have been additional developed-expires. However, Pegasus Books was concerned about the communication it had acquired from the Estate and didn’t finalize its contract to publish the e book. Right here, Klinger asserted, the Property’s assertions that publishing the e-book without a license could be unlawful and its risk to deter on-line retailers from distributing the e book by utilizing the Digital Millennium Copyright Act, were adequate to provide rise to an actual controversy. But the Doyle property had made clear that if Klinger succeeded in getting his ebook published the estate would strive to stop it from being offered by asking Amazon and the opposite large book retailers not to carry it, implicitly threatening to sue the publisher, in addition to Klinger and his co-editor, for copyright infringement in the event that they defied its menace.
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