See Sears, Roebuck & Co., 372 F.2d at 438 (“The standards generally to be applied in exercising discretion to hear a declaratory judgment action are whether a declaratory judgment will settle the particular controversy and clarify the legal relations in issue.”) Consequently, the Court will exercise its jurisdiction over the case. II. Pre-1923 Sherlock Holmes Story Elements Klinger seeks a judicial determination that the Sherlock Holmes Story Ele ments are free for public use because the 3 Story Elements to determine if they constitute “increments of expression,” and are thereby protected from unauthorized use by the Conan Doyle’s copyright in the Ten Stories, or if they belong to the class of story elements, such as events, plots and ideas, which are not copyrightable. See id. (<HOLDING>). Klinger first argues that the Sherlock Holmes
holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license holding that producers of a cd consisting of the content of publicly available phone books could under contract law enjoin purchasers from selling the information which was clearly in the public domain and not protected by copyright holding that the right of privacy does not attach to matters already within the public domain holding that the determination of public policy lies almost exclusively in the legislative domain and the decision of the general assembly in that regard will not be interfered with by the courts in the absence of palpable error holding that the copyrighted radio scripts only protected the increments of expression beyond what was contained in the public domain radio scripts