Sherlock Holmes’ Posthumous Copyright Case

Cinema, Creative Writing, Law and society,, Literary & Linguistics, Performing arts, Popular Culture

The image stereotype of the Sherlock Holmes character (Source: Culture Livresque)

Few characters from modern literature pop up on cinema screens and TV sets as frequently as Sherlock Holmes does. Some observers have stated it more firmly. Christopher Redmond estimates that Sherlock Holmes is the most prolific screen character in the history of cinema (A Sherlock Holmes Handbook (1994)). Just how many different Sherlock Holmes screen adaptions have been made is too large and elusive a number to pin down accurately, but screen vehicles of Arthur Conan Doyle’s famous super-sleuth and Mensa-alumni certainly number in the hundreds.

(Photo: CrimeReads)

A publishing can of worms
When Arthur Conan Doyle (ACD) died in 1930 the author left his literary works in Trust to his widow (Jean Conan Doyle) and immediate family. But in excluding his daughter Mary from his first marriage, ACD opened the door to an ongoing family rift, decades of squabbles, strife and litigation by his heirs, descendants and their spouses.

As the intra-family ‘Barney’ over who controls the copyright to the Sherlock Holmes works deepened, the imbroglio entangled an investment company specifically set up to manage the windfall (aptly named “Baskervilles Investments”) and even the Royal Bank of Scotland (‘History of the Sir Arthur Conan Doyle Copyrights’, (2015), www.arthurconandoyle.com).

1954 Holmes TV series with Ronald Howard (Photo: dvdfr.com)

The upshot of the kerfuffle was that each of the competing parties claimed to be the rightful holder of the rights to ACD’s literary estate, and then attempted to sell it notwithstanding the prevailing uncertainty over ownership. American TV producer-director Sheldon Reynolds acquired a licence from two of Arthur’s sons to make a Sherlock Holmes series in the 1950s. When, 20 years later, Reynolds tried to get a licence for a follow-up series on TV, he found that the legal landscape had changed. The rights were now held by the Royal Bank of Scotland who had acquired them after the previous owner defaulted on a loan. Eventually, with funds provided by his Pfizer heiress mother-in-law, Reynolds secured the rights to the Holmes stories.

Andréa Plunket (Source: goodreads.com)

Culture of litigation
Since 1990 the main battle for control of the copyrights has pitted Reynolds’s ex-wife, Hungarian-born heiress Andréa Milos (née Reynolds, née Plunket) versus the Conan Doyle Estate and others. Plunket has doggedly claimed to hold the rights to the name “Sherlock Holmes” and the stories, despite a lack of legal support for the claims. Lawsuits were exchanged between her and the Estate. Plunket also threatened to sue the BBC over its Sherlock television series for allegedly infringing ‘her’ trademarks (‘The Scandalous Sherlock Holmes Copyright Issue’, Mattias Boström, I Hear of Sherlock Everywhere, 30-Jul-2015, www.ihearofsherlock.com).

The Sir Arthur Conan Doyle Estate for its part has been particularly litigious in defence of its literary legacy. The Estate has consistently striven to maintain water-tight control over both the Sherlock Holmes stories and the characters. In 2013 it demanded author Leslie S Klinger pay a fee to license the Sherlock character for an anthology he was planning to do. Klinger’s response was to sue the Estate on the basis that most of the Sherlock material was in the public domain. In court the judge upheld Klinger’s position, while reaffirming that some late works were still covered under copyright (‘Sherlock Holmes Copyright: An overview’, Brogan Woodburn, www.redpoints.com). In 2020 it sued Netflix over its upcoming film Enola Holmes. The grounds? The film apparently depicts Holmes as having emotions and respecting women. This, the Estate contends, breaches Conan Doyle’s copyright (‘Lawsuit over ‘warmer’ Sherlock depicted in Enola Holmes dismissed’, Alison Flood, The Guardian, 22-Dec-2020, www.theguardian.com).

‘The Red-Headed League’ story (Golden Press edition, 1963)

End-note: An additional complication over the Holmes copyright issue is a demarcation between the UK and US laws. In the UK copyright lasts for 70 years after an author’s death (in Conan Doyle’s case, the copyright expired in 2000). Conversely in the USA some copyrights extend for 95 years from the date of the work’s first publication. This has proved a stumbling block for TV series and film-makers trying to adapt one of the Sherlock stories in recent years (‘Sherlock Holmes And His “Copyrighted Emotions”‘, Copyright House, 28-Sep-2020, www.copyrighthouse.org).

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including works for film, music, radio, stage, video games, there are over 25,000 products that are related to the famous detective (Woodburn)

the last of ACD’s published work expires in 2023

Chan and Chang: The Origin and Cultural Vicissitudes of the Most Famous Chinese-American Literary and Screen Detective

Biographical, Cinema, Inter-ethnic relations, Literary & Linguistics, Performing arts, Popular Culture, Racial politics

The literary character Charlie Chan, created by Earl Derr Biggers, is best remembered in numerous cinema representations from the 1930s and 1940s. While the obsequious but sagacious Chinese-American detective became one of the enduringly nostalgic fictional figures of US popular culture, his creator in fact based him on a real life-and-blood Hawaiian-Chinese policeman – Chang Apana (his name is Hawaiianised but he was born “Chang Ah Pang” of Chinese migrant parents).

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Downtown Honolulu, circa 1935
 (Source: www.reditt.com)

Over the first three decades of the 20th century, the diminutive and slightly-built Chang Apana, a paniola (Hawaiian cowboy) before entering the Honolulu police service, patrolled the dingy and dangerous Chinatown district of Honolulu armed only with a 1.5m-long bullwhip. Chang’s detective escapades were legendary, involving – audacious, single-handed arrests of members of gambling dins, mastery over disguises in working undercover and shrewd and meticulous powers of sleuthing on murder cases (a cornucopia of material for Biggers to drawn on). Biggers’s own account of Charlie Chan’s genesis, is that he happened upon the existence of the “real Charlie Chan” after reading about Chang’s exploits in a Honolulu newspaper one day in the New York Public LibraryA.

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‘The House Without a Key’ (1925): the first Charlie Chan novel, although Chan appeared in it only as a minor character

A wellspring of a literary character
The portly Chinese detective with a penchant for “Confucius says”/fortune cookie-style aphorismsB appeared in six crime novels—initially serialised in the influential American magazine Saturday Evening Post—in the 1920s and ‘30’s. Biggers’ premature death in 1933 cut short the Chan literary sequence but not the film adaptations which continued to proliferate with a  series of extremely popular Fox mystery filmsC. Charlie Chan‘s first screen appearances were in obscure silent movies with Japanese and Korean actors playing the leads before Walter Oland, a US actor with Swedish-Russian parents, took over  and played Chan in 16 pictures. Upon Oland’s death American Sidney Toler assumed the mantle for 22 more CC movies,and lastly, Roland Winters, the son of German and Austrian parents, for a further six films.

ED Biggers

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Life inextricably entwined with art
There were some interesting connexions arising from ED Biggers’ magnum opus…firstly, Chang and Chan’s creator actually met – in 1928. By then, such was the fame of CC, people in Honolulu had started to call the real detective ‘Chan’. The local newspaper recorded their meeting at the Royal Hawaiian Hotel as “AUTHOR MEETS ‘LIVE’ CHINESE DETECTIVE”. Three years later there was the even more improbable meeting of Chan and Chang when 20th Century Fox shot The Black Camel on location in Honolulu. The meeting between sleuth Chang and actor Walter Oland and obligatory photo op occurred during filming…Chang was invited to watch the action and ended up coming every day apparently totally engrossed in the unfolding film [‘Chan, the Man’, (Jill Lepore), The New Yorker, 02-Aug-2010, www.newyorker.com].

Chang and Oland (Chan) meet at Waikiki

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The dragon’s embrace of Chan
Charlie Chan’s international cinematic popularity extended, perhaps surprisingly to observers looking at it with the greater cultural sensitivity of the present time, to the Chinese themselves. Walter Oland, at the height of his CC fame, visited Shanghai in 1936 on a promotional tour – to widespread acclaim. Local Chinese newspapers even presented the event in terms that suggested that Biggers’ literary creation was in fact a real person: “Great Chinese Detective Arrives in Shanghai”DAnd of course the Chan movies spawned home-grown imitators within China [‘Charlie Chan in China’, The Chinese Mirror: A Journal of Chinese Film History, 08-Jul-2011, [http://web.archive.org]. Chinese-born American academic Yunte Huang’s hunch as to why people in China took so whole-heartedly to the clearly faux-Chinese film character is to do with a tradition you see in Chinese operas of performing “the other”. He explains, there’s an acceptance of this “kind of imitation (be it opera or cinema) as part of the artistic culture of China” [‘Investigating The Real Detective Charlie Chan’, NPR, 07-Sept-2010, www.npr.org].

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(Source: www.movieposters.ha.com)

Charlie Chan, detective at large

As the series progressed and the search for plots to accommodate the oriental ace detective widened, Charlie Chan took on a ”globe-trotting” role à la the “Road to“ series. Hence the public were served up increasingly formulaic offerings in a variety of exotic locales – Charlie Chan in Shanghai, Charlie Chan in Egypt, Charlie Chan in Panama, Charlie Chan in Paris, Charlie Chan in Rio, Charlie Chan in Reno, Charlie Chan at Monte Carlo, etc, etc.

Backlash against the honourable Mr Chan in an era of PC sensitivity
What passed—unchallenged in a ‘whitebread’ society—for innocuous humour in the 1930s and ‘40’s was viewed very differently in the more pluralistic and multicultural milieu of the 1980s and ‘90s and beyond. Many Asian-Americans looking back have found the Charlie Chan depiction objectionable, a Chinese racial stereotype of subservience and pidgin English, a relic of ‘yellowface’ (a kind of “Yellow Uncle Tom”, much akin to the contemporary view of ‘blackface’ minstrel entertainment in the US) [Charlie Chan: The Untold Story of the Honorable Detective and his Rendezvous with American History, Yunte Huang (2010); Lepore].

Chan (Sidney Toler) with #1 son and #2 son

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Yunte Huang has sought to redress or balance this jaundiced perception of Charlie Chan, arguing that the fictional Asian-Honolulan super-sleuth is “as American as Jack Kerouac” – “precisely because of (Chan’s) theatrical implausibilities and mixed-up origins”. To Yunte Chan “epitomises (both) the racist heritage and the creative genius of (America’s) culture”, and he notes that while Chan himself is Chinese, “his methods and his milieu are American”, eg, the books and films’ settings are Hawaiian/American mainstream, not set in Chinatown [‘Watching the Detective’, (Pico Iyer), Time, 23-Aug-2010; Yunte].

Assuaging the perception of ‘Orientals’ in America
The dominant literary precedent to Charlie Chan in American (and Western) popular culture of Asians was the figure of Fu Manchu. The creation of English writer Sax Rohrer (Arthur Henry Ward), the Fu Manchu novels (1913-48), exploited the “Yellow Peril” conspiracy image prevalent in the West of an Asian stereotype of evil – Fu was depicted in literature and on-screen as a mad scientist–cum–archvillain hellbent on a mission to rule the world. Yunte points out that Charlie Chan fulfilled a purpose of refuting or challenging the negative Fu Manchu image in the minds of many Americans. In contrast to the iniquitous Fu Manchu wreaking havoc everywhere, Chan is a “man of logic” (as are his fellow detectives extraordinaire Hercule Poirot and Sherlock Holmes), Chan’s personal qualities are that of moral rectitude, observation and logic (Yunte). Biggers himself derided the Fu Manchu portrayal as “sinister and wicked” and “old stuff”, compared to his creation, “an amiable Chinese on the side of the law (which) has never been used (before)” (1931) [‘Creating Charlie Chan’, Popular Culture1975].

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Other observers concur that the amiable Chinese detective was a departure from the old, more overtly racist stereotypes in US fiction at the time – supplanting the “heathen Chinee” with a more positive image of a Chinese person [‘The Importance of Being Charlie Chan’, (Sandra M Hawley), in Jonathan Goldstein, Jerry Israel & Hilary Conroy (Eds), America Views China: American Images of China Then and Now, (1991)]. Fletcher Chan notes that the books and movies “were a big factor in softening the attitude of white Americans towards Asians”, Charlie Chan as a sort of “goodwill ambassador” [‘Charlie Chan: A Hero of Sorts’, Fletcher Chan, Californian Literary Review, 26-Mar-2007, www.calitreview.com].

Where the Yellow Peril stereotype of Fu Manchu personifies the evil, scheming and immoral Asian in popular culture, the character of Charlie Chan presents—albeit with the retention of some truly cringeworthy ethnic stereotyping—an equal, at least intellectually, to the whites in the world he traverses [Yunte; ‘Charlie Chan’, Wikipedia, http://en.m.wikipedia.org].
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 Mr Wong: Charlie Chan rip-off with Boris Karloff

Endnote: Hollywood imitators, Moto and Wong
The success of Charlie Chan on the big screen led other filmmakers to try their hand at using European actors to portray Asian-American crime fighters, however these were pale imitations of the original and lacking the Chan series’ success and its longevity. Fox’s “Mr Moto” series had Hungarian-American Peter Lorre as a Japanese secret service agent with a Viennese accent. Monogram Pictures, a low-budget specialist, also tried to emulate the success of Chan with its copy/interpretation of a Chinese-American detective Mr Wong, with British horror specialist Boris Karloff in the title role. The last in the series of Mr Wong flicks, Phantom of Chinatownwas a first…in place of Karloff, Chinese-born Keye Luke (previously Charlie Chan’s “Number One Son”) featured in the role of Wong, avoiding the then standard ‘Yellowface’ casting for Asian-American roles.

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A Biggers’ story of reading about a slick piece of detective work by Sergeant Chang Apana and another Hawaiian-Chinese detective Lee Fook has been extensively investigated by Yunte Huang who could not confirm the said article appearing in the Honolulu media of the day. An alternative explanation is that Biggers discovered the local police celebrity on a holiday he took to Hawaii in 1919 or 1920
B eg., “Tongue often hang man quicker than rope”; “Mind like parachute – only function when open”; “Front seldom tell truth. To know occupants of house, always look in backyard”; “Truth is like football – must receive many kicks before reaching goal”; ad nauseam. This idiom or element of Chan’s persona is known today as a ‘flanderisation’ – where a single (often minor) trait or action of a character is increasingly exaggerated or accentuated until it becomes the character’s defining characteristic [www.allthetropes.fandom.com]
C as well as a regular stream of radio shows, comics and television series
D mind you, contestants on a 1980s US quiz show asked to name some historical or contemporary Chinese persons came up with “Charlie Chan” as their fifth response (‘The Chinese Mirror’)