in which the elements were first introduced have entered the public domain. (R. 14, Klinger’s Mem. at 4.) Conan Doyle, on the other hand, argues that because Sherlock Holmes and Dr. Watson were continually developed throughout the entire Canon, the copyright protecting the Ten Stories should extend to the Sherlock Holmes and Dr. Watson characters and the story elements pertaining to those characters. (R. 28, Conan Doyle’s Mem. at 6.) The Court must first determine which elements were first introduced in public domain stories (“Pre-1923 Story Elements”) and which were introduced in the copyrighted Ten Stories (“Post-1923 Story Elements”). Klinger and the public may use the Pre-1923 Story Elements without seeking a license. See Silverman v. CBS, Inc., 870 F.2d 40, 50 (2d Cir.1989) (<HOLDING>). The Court subsequently must examine the
holding as a matter of law that adaptations of subject matter or expressions in the public domain cannot support a finding of copyright infringement holding that the copyrighted radio scripts only protected the increments of expression beyond what was contained in the public domain radio scripts holding that as a matter of law adaptations of public domain expression cannot support a finding of copyright infringement holding that the right of privacy does not attach to matters already within the public domain 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