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

Top Shelf Tesco, (Super)Market Leader: The Irresistible Rise of Britain’s Leading Grocer

Commerce & Business, Regional History, Retailing history

In the UK’s highly competitive retail world Tesco plc is the kingpin grocer, at the top of the tree of Britain’s supermarket chains. With over 3,400 stores across the UK and a presence in around a dozen countries worldwide, Tesco pulled in revenue in 2017 to the tune of £55.9B. The retailer’s origins though, way back at the end of the Great War, were of course much more humble. Like fellow high-flying UK retailer, Marks and Spencer, it began with one man and a market stall operation.

Jack Cohen got the business ball rolling in 1919 with a basic stall in the Well Street Market, Hackney, London…for start-up capital Cohen (born ‘Jacob Kohen’) had a £30 stipend from his recent WWI service. From his barrow and stall operation, the antecedent of Tesco, the 21-year-old started off selling matzos (unleavened Jewish crisp bread) and other army surplus food he had purchased. On opening day Cohen made a princely £1 profit from a grand total of £4 in sales [‘A History of Tesco: The rise of Britain’s biggest supermarket’, by Tim Clark and Szu Ping Chan, The Telegraph, 04-Oct-2014, www.telegraph.co.uk].

Genesis of the business name
In the early days, a big-ticket item that Cohen sold was tea from T E Stockwell (in fact the first product sold by Cohen under the Tesco brand). From the Stockwell name Cohen simply took the first three initials ‘T E S’ and added the first two letters of his own name ‘C O’ on to the end of it – thus forming the business’s famous name, ‘TESCO’ (and unsold “Stockwell Tea” got repackaged and rebranded as “Tesco Tea”).

From North London to the nation
Cohen opened his first shop in Burnt Oak, near Edgware, North London, in 1931. Within a short period he had built the company headquarters and a central warehouse also in North London (Edmonton). The London retailer’s strategy was twofold – to expand by gradually buying out smaller grocery stores, and to buy the unsold merchandise other grocers couldn’t sell, which he would repackage and rebrand and then on-sell it to the public cheaper than anyone else (earning himself the nickname ‘Slasher Jack’) [‘Tesco UK, brief history and overview’, www.eeph.org.uk].

Cohen’s business motto, and therefore the company’s motto, was “pile it high and sell it cheap”, a straight-forward business philosophy of “low cost and high volume” along the line of the large Woolworths chain. One of Cohen’s “bargain basement” product mainstays was ‘Snowflake’, a New Zealand canned milk which accounted (together with Tesco Tea) for much of the early Tesco sales [Sarah Ryle, The Making of Tesco: A Story of British Shopping (2013)]. By 1939 there were in excess of 100 Tesco shops all round the United Kingdom. Where Cohen chose to locate a Tesco, seems according to his daughter (the future Conservative MP Dame Shirley Porter) to have been something of an intuitive hunch. As she later explained, they’d be driving around town and “he’d suddenly say ‘this looks like a good place for a shop’ and he’d leap out and chat a few people up”. This was the very hands-on way Cohen would conduct market research [Ryle, op.cit.].

First with self-serve
Jack Cohen’s introduction to the idea of self-service grocery outlets came on a visit to the US in 1935…Cohen was initially not impressed. The immediate postwar period in Britain was characterised by a hike in wholesale costs of goods, which could not be passed on to customers due to the burdens of postwar austerity. Cohen made a return visit to the US at this time, accompanied by his son-in-law Hymon Kreitman who was enthusiastic about the American self-serve concept as typified by the pioneering Piggly Wiggly supermarkets. Cohen, influenced by Kreitman, eventually opened Tesco’s (and Britain’s) very first self-service shop at St Albans (Herts.) in 1948 as a way of countering the rising costs of commodities. Another first for Tesco was the first supermarket in the UK, opened in 1958, located in Maldon, Essex (it featured separate counters for meat, butter and cheese) [‘Jack Cohen (businessman)’, Wikipedia, http://en.m.wikipedia.org].

Maldon supermarket (interior) ⬇️

Expansionary growth
The 1950s and ’60s for Tesco was marked by unbounded expansion through the acquiring of many smaller grocery shops. Among the scalps of small retail outlets claimed by the burgeoning company were Burnards stores, Williamson’s shops, Harrow stores, Irwin’s shops, Charles Phillips’ shops and the Victor-Value chain (this last concern was unloaded by Tesco in the Eighties). Between 1955 and 1960 alone, Cohen bought over 500 new shops across the country [‘Tesco: How one supermarket came to dominate’, (Denise Winterman), BBC Magazine, 09-Sep-2013, www.bbc.com].

After Jack died in 1979 Tesco’s expansionary trajectory continued unabated…there was a hostile takeover of Hillards supermarket chain in 1987, the acquisition of William Low shops in 1994 gave them a greater market concentration in Scotland, as did the snaring of Associated British Foods three years later for Ireland and Northern Ireland. The Safeways/BP shops, and a move into convenience stores T&S Stores and Adminstore followed. The opening of Tesco’s Leicester “super-sized” store in 1961 made it, at that time, the largest grocery store in Europe. By the 1990s Tesco had overtaken Sainsbury’s as Britain’s largest food retailer. So extensive has been the spread of Tesco shops, it is thought that only one postcode in the entire UK – Harrogate in North Yorkshire – doesn’t have a Tesco in it! [Clark & Chan, op.cit.].

Diversifying Tesco
From the Sixties Tesco started to diversify in a big way! To the traditional staple of grocery lines were added clothing, books, furniture, software, internet services and in 1974 the sale of petrol. The Tesco Bank (financial services) was launched in a joint venture with the Royal Bank of Scotland, and later gained a foothold in the communications field with the advent of Tesco Mobile [‘Tesco’, Wikipedia, http://en.m.wikipedia.org].

Diversification also meant a dilution of Slasher Jack’s traditional retail philosophy of providing only the cheapest of the cheap. This change-up saw Tesco for the first time add upmarket quality items to its catalogues. The physical nature of Tesco’s retail outlets diversified during this period. To the standard supermarket format was added hypermarkets (called Tesco Extra) at one end of the spectrum, and “one stop” shops/neighbourhood convenience stores (Tesco Express) at the other. In between these polarities were Tesco Metro and Tesco Superstores. Such market manoeuvrability by Tesco has drawn praise from business analysts – Citigroup’s David McCarthy acknowledges Tesco’s capacity to “appeal to all segments of the market” [‘Tesco: Supermarket Superpower’, (Hannah Liptrot), 03-Jun-2005, www.bbc.com]. It has also been (reluctantly) commended by a critic of the grocery Goliath for its “clinical efficiency with which it carries out its business plan” [Andrew Simms, Tescopoly: How One Shop Came Out on Top and Why it Matters, (2007)].

Tesco Malaysia

Internationalising Tesco
Inevitably, growth and profitability at home meant external expansion for Tesco, a move towards globalisation. The company acquired various overseas market footholds with majority stake holdings in established Turkish supermarket chain Kipar and in Polish Leader Price wspanialy-rynki (supermarkets), among others. The overseas results however have tended to fall well short of Tesco’s stellar domestic performance. A 2006 move into the US market with the Fresh & Easy chain was unsuccessful, resulting in a £1.2B loss and in 2013 Tesco completed their pull-out from North America [‘Wikipedia’, op.cit.].

Inverness high street

Too big, too damaging?
The phenomenal retail success of Tesco is encapsulated by the popular phrase in Britain, “£1 in every seven went into a Tesco till!” Inverness in the Scotland Highlands (known locally as ‘Tesco Town’) personifies the dominance of Tesco – 50p in every £1 spent on food, it is calculated, is derived from one of Tesco’s three shops in the northern city [Liptrot, loc.cit.; ‘The supermarket that ate a town’, (Lorna Martin), The Guardian, 01-Jan-2006, www.theguardian.com]. Other cities and towns across the UK share Inverness’ concerns of urban domination by the retailer…Seaton in Devon’s east is staring at the prospect of becoming another “Tesco Town”. Tesco has flagged plans to build a superstore, hundreds of ‘Tesco’ homes and a hotel in the small town, triggering determined local opposition to the scheme [‘This town has been sold to Tesco’, (Anna Minton), The Guardian, 05-May-2010, www.theguardian.com].

Ultimately, it is Tesco’s size that courts the company’s most strident criticism and opposition. Increasingly, the sheer size and scale of the supermarket empire gives it a disproportionate degree of bargaining power with manufacturers. Since 2000 the British authorities have sought to address the uncompetitive nature of the status quo, a code of practice was enacted in that year to try to curb Tesco’s (and other large retail players’) market dominance to the serious detriment of small traders in the UK (the National Consumer Council has described Tesco as “the Marmite of British business”). Interestingly, consumer surveys in the UK point to the consumer public’s “Janus-headed” take on Tesco, it ranks as both the “most trusted” and the “least trusted” of companies in the country! [David Gray (Analyst, Planet Retail), quoted in Winterman, op.cit.]. The recent Tesco takeover of Booker Wholesale Group (2017/18) for £3.7B, given the green light by the UK’s competition watchdog (CMA), has however provoked widespread disquiet within those in British society concerned at what they see as yet another monopolistic move for the retail behemoth [‘Tesco’s £3.7bn Booker takeover waved through by competition regular’, (A Armstrong & J Torrance), The Telegraph (UK), 20-Dec-2017, www.telegraph.co.uk].

Ripples in the Tesco ocean
The hostility of small retailers at Tesco’s strangulation of competition in the supermarket field is not the only discordant note in Tesco’s recent history. Its high public profile has prompted at least two attempts at extortion using the threat of letter bombs…in 2000-2001 an individual tried to extort £5M from the supermarket giant (he was subsequently caught and jailed for 16 years); later a former tax inspector demanding £1M from Tesco, tried the same method (also apprehended and imprisoned). Tesco has tended to court controversy on occasions, eg, quantities of horsemeat were discovered in burgers and spaghetti sold by Tesco, and of course almost a by-product of runaway commercial success, there has been a slew of charges over the years that Tesco was engaging in tax avoidance schemes, tax minimisation, etc. Tesco was heavily criticised by the CEO of UNICEF UK in 2009 for appropriating the children’s charity’s slogan “Change for Good” and crassly using it for commercial advantage in company advertising [‘Unicef accuses Tesco of misusing charity slogan’, (Marie O’Halloran), The Irish Times, 25-Jul-2009, www.irishtimes.com]. As well there have been isolated incidences of individual Tesco shops discriminating against blind people (especially barring entry) [‘Tesco’, Wikipedia, op.cit.]. Tesco’s corporate response after such periodical outbreaks of bad PR has been to launch charm offensives aimed at the public (such as its “Good neighbour” policy in the 2000s) [Simms, loc,cit.].

Until very recently Tesco has experienced seemingly unstoppable success. However things troughed for the retailer during financial years 2013-14 and 2014-15, in the latter year Tesco lost £6.4B, its worse fiscal performance in 20 years! [Clark & Chan, op.cit.]. Since then the supermarket chain (boosted by acquiring the Booker cash and carry group) has to no one’s surprise bounced back, in 2018 recording its strongest growth in seven years (UK and Irish sales rose 3.5%). It has also just introduced Jack’s stores which it hopes will wrest back losses in the discount store market from front runners, German supermarket heavyweights, Aldi and Lidl [‘Tesco posts highest growth in seven years’, (Sarah Butler), The Guardian 15-Jun-2018, www.theguardian.com].

PostScript: Tesco to (super)market leader
What makes Tesco a cut above its rivals? Enormity of size and utter ruthlessness and aggression in business dealings has been a factor, but according to some observers, the key to its success has been its ability to read customer behaviour: going way back Tesco has been meticulous about collecting raw data on what consumers were buying, invaluable information for anticipating future patterns, staying ahead of the curve! Tesco introduced loyalty schemes, personalised discounts and rewards for its customers, above all the Tesco Clubcard (“Every little helps”) – the card was an immediate hit, within a year of its debut (1995), Clubcard holders were spending 28% more at its stores and Tesco was number 1 with a bullet in the rankings of British grocers [Winterman, loc.cit; ‘The card up their sleeve’, The Guardian 19-Jul-2003, www.theguardian.com].

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including stores in Ireland, Poland, Hungary, the Czech Republic, Slovakia, Malaysia, India, South Korea, Japan, Taiwan and Thailand (and previously in the US)
his precise start in the world of retail sales was in fact as a barrow boy
to which he added an internal one, actually a motivational pitch for sales staff, “YCDBSOYA” (You Can’t Do Business Sitting On Your Arse”) [‘Shirley Porter: Rich, flashy and corrupt with it. She’s nothing like a Dame’, (Sean O’Grady), The Independent, 16-Dec-2001, www.theindependent.co.uk]
fifth biggest grocery chain in the world, biggest UK retailer by sales, biggest UK employer (>330,000 staff) [Winterman, loc.cit.]
for instance, the Office of Fair Trading investigated the company for allegedly forming a cartel of supermarkets (with Safeway, Asda, Morrisons and Sainsbury’s) to fix the price of dairy products