Charles Baxter’s dysfunctional narratives

Charles Baxter
Charles Baxter

What if I told you that there’s been a sea-change in American storytelling over the past half-century? Not merely a change in subject matter, but that the fundamental nature of American narratives radically shifted? Would you believe me?

Now, what if I told you that a writer twenty-five years ago described these “new” stories, and even predicted they would become the dominant mode in our future? Would you believe that?

In 1997, Charles Baxter published Burning Down the House, a collection of essays on the state of American literature. It opens with “Dysfunctional Narratives: or, ‘Mistakes were Made,’” a blistering piece of criticism that not only detailed the kinds of stories he was reading back then, but predicted the types of stories we would read, watch, and tell each other today.

Baxter appropriated the term “dysfunctional narrative” from poet C. K. Williams, but he expanded it so much, it’s fair to say he’s made the term his own. He borrowed a working definition of dysfunctional narratives from Marilynne Robinson, who described this modern mode of writing as a “mean little myth:”

One is born and in passage through childhood suffers some grave harm. Subsequent good fortune is meaningless because of the injury, while subsequent misfortune is highly significant as the consequence of this injury. The work of one’s life is to discover and name the harm one has suffered.

Baxter adds that the source of this injury “can never be expunged.” As for the ultimate meaning of these stories: “The injury is the meaning.”

To claim this mode of writing has become the dominant one in American culture demands proof, or at least some supporting evidence. Baxter lists several examples, such as Richard Nixon’s passive-voice gloss over the Watergate cover-up (“mistakes were made”), Jane Smiley’s A Thousand Acres, and conspiracy theories, among others.

“Dysfunctional Narratives” doesn’t succeed by tallying a score, however. Rather, it describes a type of story that sounds all-too-familiar to modern ears:

Reading begins to be understood as a form of personal therapy or political action. In such an atmosphere, already moralized stories are more comforting than stories in which characters are making complex or unwitting mistakes.

Don’t merely consider Baxter’s description in terms of books. News stories, the social media posts scrolling up your daily feed, even the way your best friend goes into how their coworker undercut them at the office—all constitute narratives, small or large. Dysfunctional narratives read as if the storyteller’s thumb is heavy on the moral scale—they feel rigged.

It does seem curious that in contemporary America—a place of considerable good fortune and privilege—one of the most favored narrative modes from high to low has to do with disavowals, passivity, and the disarmed protagonist.

(I could go one quoting Baxter’s essay—he’s a quotable essayist—but you should go out and read all of Burning Down the House instead. It’s that good.)

Dysfunctional narratives are a literature of avoidance, a strategic weaving of talking points and selective omissions to block counter-criticism. If that sounds like so much political maneuvering, that’s because it is.

“Mistakes were made”

Let’s start with what dysfunctional narratives are not: They’re not merely stories about dysfunction, as in dysfunctional families, or learning dysfunctions. Yes, a dysfunctional narrative may feature such topics, but that is not what makes it dysfunctional. The term describes how the story is told, the strategies and choices the author had made to tell their story.

Baxter points to Richard Nixon’s “mistakes were made” as the kernel for the dysfunctional narrative in modern America. (He calls Nixon “the spiritual godfather of the contemporary disavowal movement.”) He also holds up conspiracy theories as prototypes:

No one really knows who’s responsible for [the JFK assassination]. One of the signs of a dysfunctional narrative is that we cannot leave it behind, and we cannot put it to rest, because it does not, finally, give us the explanations we need to enclose it. We don’t know who the agent of action is. We don’t even know why it was done.

Recall the tagline for The X-Files, a TV show about the investigation of conspiracy theories: “The truth is out there.” In other words, the show’s stories can’t provide the truth—it’s elsewhere.

More memorably—and more controversially—Baxter also turns his gaze upon Jane Smiley’s A Thousand Acres, which features the use of recovered memories (“not so much out of Zola as Geraldo“) and grows into “an account of conspiracy and memory, sorrow and depression, in which several of the major characters are acting out rather than acting, and doing their best to find someone to blame.”

In a similar vein, a nearly-dysfunctional story would be The Prince of Tides by Pat Conroy. It centers on a family man who, via therapy, digs through memories of a childhood trauma which has paralyzed him emotionally as an adult. He gradually heals, and goes on to repair his relationship with his family. Notably, his elderly father does not remember abusing him years earlier, leaving one wound unhealed.

Another example would be Nathanael West‘s A Cool Million, which follows a clueless naif on a cross-American journey as he’s swindled, robbed, mugged, and framed. By the end, the inventory of body parts he’s lost is like counting the change in your pocket. It might be forgiven as a satire of the American dream, but A Cool Million remains a heavy-handed tale.

This leads to another point: A dysfunctional narrative is not necessarily a poorly told one. The dysfunction is not in the quality of the telling, but something more innate.

Examples of more topical dysfunctional narratives could be the story of Aziz Ansari’s first-date accuser, who found much to blame him for, but portrays herself as all-but-blameless. The complaints of just about any politician or pundit who claims they’ve been victimized or deplatformed by their opponents is dysfunctional. In almost every case, the stories feature a faultless, passive protagonist being traumatized by the more powerful or the abstract.

There’s one more point about dysfunctional narratives worth making: The problem is not that dysfunctional narratives exist. The problem is the sheer volume of them in our culture, the sense that we’re being flooded—overwhelmed, even—by their numbers. That’s what seems to concern Baxter. It certainly concerns me.

A literature of avoidance

In his essay Ur-Fascism, Umberto Eco offers this diagram:

onetwothreefour
abcbcdcdedef

Each column represents a political group or ideology, all distinct, yet possessing many common traits. (Think of different flavors of Communism, or factions within a political party.) Groups one and two have traits b and c in common, groups two and four have trait d in common, and so on.

Eco points out that “owing to the uninterrupted series of decreasing similarities between one and four, there remains, by a sort of illusory transitivity, a family resemblance between four and one,” even though they do not share any traits. The traits form a chain—there is a common “smell” between the political groups.

Not all dysfunctional narratives are exactly alike, or have the exact traits as the rest, but they do have a common “smell.” Even if a 9/11 conspiracy theory seems utterly unlike A Cool Million, they both may be dysfunctional.

"Burning Down the House" by Charles Baxter

Likewise, in the traits that follow, just because a story doesn’t include all of them doesn’t mean it “avoids dysfunction.” Rather, dysfunctional narratives are built by the storyteller selecting the bricks they require to buttress their message:

  • A disarmed protagonist
  • An absent antagonist
  • Minimal secondary characters
  • An authorial thumb on the scale
  • “Pre-moralized”
  • A vaporous conclusion
  • Authorial infallibility and restricted interpretations

The most common trait of the dysfunctional narrative is a faultless, passive main character. Baxter calls this the “disarmed protagonist.” He differentiates between “I” stories (“the protagonist makes certain decisions and takes some responsibility for them”) and “me” stories (“the protagonists…are central characters to whom things happen”). Dysfunctional narratives are the “me” stories.

And the errors these “me” characters make—if any—are forgivable, understanding, or forced upon them by dire circumstances. Compare this to the mistakes the characters around them make—monstrous, unpardonable sins:

…characters [in stories] are not often permitted to make interesting and intelligent mistakes and then to acknowledge them. The whole idea of the “intelligent mistake,” the importance of the mistake made on impulse, has gone out the window. Or, if fictional characters do make such mistakes, they’re judged immediately and without appeal.

Power dynamics are a cornerstone of all narratives, but one “smell” of the dysfunctional variety is an extraordinary tilting of power against the main character. The system, or even the world, is allied against the protagonist. Close reads of these narratives reveals an authorial thumb on the story’s moral scale, an intuition that the situation has been soured a bit too much in the service of making a point. This scale-tipping may be achieved many ways. Often it requires a surgical omission of details, the good fortune in the main character’s life that would be considered a success, or even the result of unearned privilege.

Hence how often in dysfunctional narratives the antagonist is absent. A crime in a dysfunctional novel doesn’t require a criminal. All it needs, in Robinson’s words, is for the main character to have endured some great wrong: “The work of one’s life is to discover and name the harm one has suffered.”

Poet Marilynne Robinson
Marilynne Robinson

Name the harm, not the perpetrator. Why not the perpetrator? Because often there’s no person to name. The harm is a trauma or a memory. The perpetrator may have disappeared long ago, or died, or have utterly forgotten the wrongs they inflicted (as the father does in Prince of Tides). The malefactor may be an abstraction, like capitalism or sexism. But naming an abstraction as the villain does not name anything. It’s like naming narcissism as the cause of an airliner crash.

This is all by design. Abstractions and missing antagonists don’t have a voice. The point of a dysfunctional narrative is to avoid giving the antagonist a voice, or for their voice to be hobbled (by making them loudmouthed, insensitive, or enfeebled, to offer a few examples). Even Satan gets to plead his case in Paradise Lost.

No ending is reached in a dysfunctional narrative, because there’s only a trauma, or a memory, or an abstraction to work against. These injuries never heal. Memories may fade, but the past is concrete. By telling the story, the trauma is recorded and notarized, like a deed. “There’s the typical story in which no one is responsible for anything,” Baxter complained in 2012. “Shit happens, that’s all. It’s all about fate, or something. I hate stories like that.” These stories trail off at the end, employing imagery like setting suns or echoes fading off to signify a story that will never conclude.

The most surface criticism of these narratives is that we, the readers, sense we’re being talked down to by the author. “In the absence of any clear moral vision, we get moralizing instead,” Baxter writes. A dysfunctional narrative dog-whistles its morality, and those who cannot decode the whistle are faulted for it. The stories are pre-moralized: The reader is expected to understand beforehand the entirety of the story’s moral universe. For a reader to admit otherwise, or to argue an alternate interpretation, is to risk personal embarrassment or confrontation from those who will not brook dissent.

And making the reader uncomfortable is often the outright goal of the dysfunctional narrative. The writer is the presumed authority; the reader, the presumed student. It’s a retrograde posture, a nagging echo from a lesser-democratic time. (When I read A Brief History of Time, I was most certainly the student—but Hawking admirably never made me feel that way.) Dysfunctional narratives are often combative with the reader; they do not acknowledge the reader’s right to negotiate or question the message. With dysfunctional narratives, it’s difficult to discern if the writer is telling a story or digging a moat around their main character to protect them from attack.

“What we have instead is not exactly drama and not exactly therapy,” Baxter writes. “No one is in a position to judge.” A dysfunctional narrative portrays a world with few to no alternatives. A functional narrative explores alternatives. (This is what I mean when I write of fiction as an experiment.)

This is why so many dysfunctional narratives are aligned to the writer’s biography—who can claim to be a better authority on the author’s life, after all? But the moment a reader reads a story, its protagonist is no longer the author’s sole property. The character is now a shared construct. Their decisions may be questioned. Hence the passive nature of the protagonists—inaction avoids such judgements.

If the author introduces secondary characters, the author can’t claim similar authority over them—every additional character is one more attack vector of criticism, a chipping away of absolute authority over the story itself. That’s what happened to sensitivity reader Kosoko Jackson in 2019, whose debut novel was pulped due to questions over his secondary characters. For a dysfunctional narrative, the fewer the secondary characters, the better. (This is what usually sandbags grand conspiracy theories. If the conspiracy requires tens or hundreds of participants, it seems impossible no one involved would eventually blow the whistle.)

Of all the traits listed—from the disarmed protagonist to the vaporous conclusion—the trait I find the “smelliest” is authorial infallibility and restricted interpretation. That’s why I used weasel language when I called Prince of Tides “nearly-dysfunctional:” The book is most certainly open to interpretation and questioning. In contrast, questioning a conspiracy theory could get you labeled an unwitting dupe, a useful idiot, or worse. Questioning the moral outcome of a short story about abuse in a writing workshop? Unthinkable.

A Cambrian explosion

What Baxter doesn’t explore fully is why we’ve had this Cambrian explosion of dysfunctional narratives. He speculates a couple of possibilities, such as them coming down to us from our political leadership (like Moses carrying down the stone tablets), or as the byproduct of consumerism. I find myself at my most skeptical when his essay stumbles down these side roads.

When Baxter claims these stories arose out of “groups in our time [feeling] confused or powerless…in such a consumerist climate, the perplexed and unhappy don’t know what their lives are telling them,” it seems Baxter is offering a dysfunctional narrative to explain the existence of dysfunctional narratives. He claims they’re produced by people of “irregular employment and mounting debts.” I strongly doubt this as well. In my experience, this type of folk are not the dominant producers of such narratives. Rather, these are the people who turn to stories for escape and uplift…the very comforts dysfunctional narratives cannot provide, and are not intended to provide.

Rather than point the finger at dead presidents or capitalism, I’m more inclined to ascribe the shift to a handful of changes in our culture.

The term “The Program Era” comes from a book by the same name detailing the postwar rise and influence of creative writing programs in the United States. This democratization of creative writing programs was not as democratic as once hoped, but it still led to a sharp increase in the number of people writing fiction. Most of those students were drawn from America’s upwardly-striving classes.

The workshop method used in these programs led to a rise in those aspiring writers having to sit quietly and listen to their peers criticize their stories, sometimes demolishing them. (Charles Baxter was a creative writing professor and the head of a prominent writing program in the Midwest. Many of his examples in Burning Down the House come from manuscripts he read as an instructor.) The realities of publication odds means that those workshops may be the only place for a writer’s stories to be read and analyzed. It would be natural for those writers to focus their creative energies on minimizing criticism in the workshop.

With the expansion of writing programs came a rise in those writers scratching around for powerful subject matter. Topics like trauma and abuse are lodestones when seeking supercharged dramatic stakes. These writers also drew from personal biography for easy access to subject matter. A common rebuttal in workshops to criticism is, “Well, this really happened.” It’s a good way to silence dissent in a workshop. Reality doesn’t always make for a good story, though.

The Program Era also ushered in a heavy-handed emphasis on character-driven fiction over plot-driven fiction. I’ve come to believe this too could have led to a rise of dysfunctional narratives in writing programs. I explore this theory here.

And there’s been a shift in why we tell stories: Not necessarily to entertain or enrich, but as an act of therapy or grievance, or to collect “allies” in a climate where you’re either with me or against me. Inaction in fiction has come to be praised as a literary virtue. Stories with characters who take matters into their own hands often are derided as genre fiction.

Another reason is staring back at you: The World Wide Web has empowered the masses to tell their stories to a global audience. This has created a dynamic where everyone can be a reader, a writer, and a critic, and all at the same time. Collecting allies is equated to collecting followers on social media, with likes substituted as populist approval of one’s message.

The next step in the evolution of the above is for storytellers to strategize how best to defend their work from criticism—to remove any fault in the story’s armor, to buttress it with rearguards and fortifications. (This is different than working hard to produce a high-quality experience, which, in my view, is a better use of time.) Dysfunctional stories are defensible stories.

These are not the kind of stories I want to read, but it’s becoming increasingly difficult to distance myself from them. Writers should strive to offer more than a list grievances, or use their stories to settle a score. If it’s too much to ask stories to explain, then certainly we can expect them to feature human, contradictory characters who connect dots and discover fresh truths in our fragile world. Even if the main character does not grow by the last page, we should grow by then, if only a little.

Aside

It finally happened

Wordle logo

I’m an inveterate Wordle player. When I wake up, I’ll open the app and try to finish the game before rising. I’ve played nearly two hundred rounds so far, which is by no means a long span of time compared to other Wordle fanatics I’ve seen online.

Like most ardent Wordle players, I have my start word, that is, my initial guess which is intended to locate as many common consonants and vowels as possible, in order to make better-educated guesses in the next turns. I went through a few start words when I started playing, landed on one I liked, and have religiously opened with it since.

Well, this morning I hit pay dirt: My start word was, in fact, the word of the day. I’ve wondered for a while now if it would ever happen. Praise be, it has.

And no…I’m not telling you the word today (although see comments for more).

Wordle 654 1/6

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Seen at my local library branch

A Man Named Baskerville by Jim Nelson

At my local branch of the San Francisco Public Library I happened to notice this little surprise on the New Arrivals shelf: A fresh copy of A Man Named Baskerville, all prepped and ready for checking out. (Here’s the online record, if you’re interested.)

If you’d like to read my books and haven’t yet, keep in mind your local library may have an online suggestions program for acquiring lesser-publicized titles like Baskerville or Bridge Daughter. Check your library’s web site, recommend some books, and you may soon be able to read and share.

Why won’t Google include my Sherlock Holmes copyright post?

Sherlock Holmes

In January, I posted about my research into the history of the copyright status on Sherlock Holmes. Although many news outlets rang in the New Year with proclamations that Sherlock Holmes was now free of copyright and in the public domain (“Now anybody can write a Sherlock Holmes story”), I pointed out that they’d made similar proclamations in 2013 (“Finally, Sherlock Holmes is now in the public domain”) after a 7th Circuit court decision castigated the Doyle literary estate.

Indeed, Sherlock Holmes, Dr. Watson, and the bulk of the Holmes canon have been in the public domain for decades now (in the United States, at least). My conclusion was that the Doyle literary estate has been using fear tactics to con creators—from movie studios down to independent authors—to pay them bogus licensing fees.

Something strange happened after posting that entry, though. I check in with Google Search Console now and then to see how my web site is being indexed and discovered by users. My post on the history of Sherlock Holmes’ copyright status has been indexed by Google but is not available via search. In other words, Google’s servers have seen the post, they’ve analyzed the content, but they refuse to add it to their search engine for users to discover. (Google has indexed pages on my web site that link to the page, but not the page itself.)

It’s been over three months. Posts I made after the Sherlock Holmes entry were indexed and made available on Google immediately, usually within a week. Almost all my other blog posts are available on Google (so far as I can tell). Not the entry on Sherlock Holmes’ copyright situation, though. I’ve made repeated attempts to get the page indexed. I ran a Google Search Console tool to find any problems on the page. I’ve gone through Google’s help system to find any valid reason the page may be excluded. The result: Zilch, and my page remains unavailable on Google search.

This isn’t a problem on alternative search engines Duck Duck Go or Bing. It’s only Google.

Google is free to present or exclude any pages it wants to. I’m not even arguing they owe me an explanation, although I’d appreciate one.

But just as Google is in control of their web site, I’m in control of mine. I’ve tried my best to navigate their systems and understand why they’ve excluded my page, to no avail. So I’ll use my final option—my voice, however small—to let others know.

Update: Several weeks after posting this, Google Search began returning the page as a result.

According to Cain at the 2022 IFDB Awards

The 2022 Interactive Fiction Database (IFDB) Awards polling has completed, and According to Cain did well! It won Outstanding Game of the Year (Player’s Choice) and Outstanding Game Over Two Hours (both Player’s and Author’s Choice).

It placed second for the Outstanding Game of the Year (Author’s Choice), missing a tie by a single vote, and second for Outstanding Game in an Uncommon System (both Player’s and Author’s Choice).

You can view the full results at the IFDB. The announcement thread on the Interactive Fiction Community Forum has more details. There’s a feedback thread as well.

It felt pretty good to wake up this morning and hear all this news. As I made my coffee, I thought back on those times when I was writing Cain and despairing no one would want to play it. These awards, as well as its solid placement in the Interactive Fiction Competition, are truly gratifying.

If you’ve not played According to Cain, you can read more at its home page, which includes links for downloading it or playing it in your browser.

2022 IFDB Award polling closing soon

A computer monitor and keyboard underwater.

Quick note: If you’re an aficionado of interactive fiction, and you played at least one interactive fiction game released in 2022, head on over to the Interactive Fiction Database and vote for the IFDB Award. There’s a lot of categories, but no fear, you can vote in as many or as few of them as you like.

(With one proviso: You can only vote in the “Author’s Choice” categories if you’ve authored an interactive fiction game and it’s listed on IFDB.)

Read over the voting rules, create an account if you’ve not already, browse the IFDB for games you’ve played, and then vote! Polls close Feburary 17th.

(In case you’re asking: Both of my recent interactive fiction games, According to Cain and Past Present, are eligible for the award.)

Sherlock Holmes, footloose and copyright-free

[Disclaimer: I’m not a lawyer or an expert on copyright law. If you have legal questions, go talk to a pro.]

You may have heard that the United States copyright on Sherlock Holmes expired with the arrival of the New Year.

You may have also heard something similar ten or so years ago (such as this 2013 news story). Why are we going through this again in 2023?

You may also wonder how a character created in 1887—136 years ago—could have been copyrighted up until a few days back. Did all those recent Sherlock Holmes adaptations (Sherlock, Elementary, Mr. Holmes, Enola Holmes, etc.) pay a license fee to someone? Who was collecting the money?

And did I pay a license fee to publish my Sherlock Holmes book, A Man Named Baskerville?

The short summary is this:

The character of Sherlock Holmes, and most of his stories, have been in the public domain since the late 1990’s. However, Arthur Conan Doyle’s literary estate—which represents a few distant descendants—continued to insist that the character remained in copyright, and so authors and filmmakers kept paying a license fee to produce derivative works. The final batch of Holmes stories entered the public domain in 2023. It remains to be seen if the estate will cease to claim it holds rights to depictions of him.

And, no, I did not purchase a license to publish my book last year. Here’s why.


Of the books I’ve written, A Man Named Baskerville required the most research. I studied Victorian idioms and writing patterns, the history of the Empire of Brazil, the British peerage, dog breeding and training, and the ecosystem of the Dartmoor bogs. I read and reread (and reread) the source story, The Hound of the Baskervilles. None of this was a chore.

A Man Named Baskerville by Jim Nelson

I also spent a frustrating amount of time researching whether I needed to pay a license fee to publish my book. That research drew out to a confounding and depressing study in modern greed.

This is what I learned:

In the United States, the characters of Sherlock Holmes and Dr. Watson have been in the public domain for decades now. The earliest Holmes stories fell out of copyright in 1998 when U.S. legislation declared works published prior to 1923 were automatically in the public domain. That magic cut-off—1923—was “frozen” until 2019, when the public domain clock began moving forward. Today, the magic cut-off date is 1927.

(This is an important distinction: The characters of Holmes, Watson, Moriarty, etc. were placed in the public domain in 1998, even though some of the later stories remained under copyright. As you’ll see, the Doyle literary estate played up this confusion for their own ends.)

The first Sherlock Holmes stories were published in 1887. The bulk of them were published prior to 1923. You would think authors and filmmakers have been free for decades now to produce new Sherlock Holmes works. You would be wrong, in a way.

The complication stems from Doyle’s writing history. Although he killed off Holmes in 1893’s “The Final Problem,” he returned to the character in The Hound of the Baskervilles (serialized in 1901–1902) and brought the detective back to life in 1903’s “The Adventure of the Empty House.” Doyle continued producing Holmes stories and novels until 1927—meaning he produced four years’ worth of work that remained copyrighted though the end of 2022.

The Hound of the Baskervilles by Arthur Conan Doyle

Astoundingly, the Doyle literary estate did not stop insisting after 1998 that depictions of Sherlock Holmes required a license. Their logic was that since some of the Sherlock Holmes stories remained copyrighted, the estate still held rights to the characters. What’s more, they asserted any depiction of a “rounded” Sherlock Holmes—that is, a Sherlock Holmes with feelings—was also copyrighted. (It’s preposterous logic, and I won’t go into their reasoning here.)

These specious claims crashed into a wall of common sense thanks to author Leslie S. Klinger suing the estate in 2013. Klinger had previously paid a $5,000 licensing fee to publish his first Sherlock Holmes book. He refused to pay for his second book; the Doyle estate threatened to prevent the book’s distribution. Judge Richard Posner recounted the estate’s threats in his findings:

[The estate] did not mince words … “If you proceed … to bring out [the sequel] unlicensed, do not expect to see it offered for sale by Amazon, Barnes & Noble, and similar retailers. We work with those compan[ies] routinely to weed out unlicensed uses of Sherlock Holmes from their offerings, and will not hesitate to do so with your book as well.”

Posner excoriated Doyle’s estate, calling their actions “a form of extortion”:

The Doyle estate’s business strategy is plain: charge a modest license fee for which there is no legal basis, in the hope that the “rational” writer or publisher asked for the fee will pay it rather than incur a greater cost, in legal expenses, in challenging the legality of the demand.

Posner tossed out the estate’s attempt to extend their copyright via the last remaining stories, as well as their “Sherlock Holmes with feeling” claim. He said their appeal “bordered on the quixotic.”

This is why news sources in 2013—ten years ago—were printing headlines like “Finally, Sherlock Holmes Is Now in the Public Domain.” Considering Posner’s scathing dressing-down of the estate, you’d think the matter was settled. Again, you would be wrong.

The Doyle literary estate shamelessly continued to squeeze payments from authors and filmmakers. One victim of this bogus “Sherlock Holmes with feeling” copyright was the 2015 film Mr. Holmes, starring Ian McKellan. Another was the Netflix production of Enola Holmes. The final 2020 settlement details are undisclosed, but I wager Netflix paid the Doyle estate rather than continue with a protracted lawsuit—exactly the shakedown Posner described in his Klinger decision.


With the passing of 2022, articles blossom again with proclamations that the master detective is finally in the public domain—“Now anybody can write a Sherlock Holmes story.” Actually, anybody could have written a Holmes story since 1998—it’s only due to an insufferable and insatiable literary estate that anyone would think otherwise.

Mr. Holmes, starring Ian McKellan
Mr. Holmes movie poster

With the entire Sherlock Holmes corpus now in the public domain, this must close the door on the estate’s claims, right? I’m dubious. The Doyle estate has been told at least twice in the past (in 1998, again in 2013) they do not hold a copyright on the detective. That did not stop them from abusing their namesake’s prestige to squeeze money out of creators.

If you think I’m being cynical, consider that the estate continues, in 2023, to solicit license fees from prospective Holmes authors. A separate agency solicits licenses for Sherlock Holmes memorabilia and merchandise—even though generic depictions of the detective are entirely in the public domain and do not require a license. The literary estate’s web site is polished and professionally-produced. You could not blame a naive author wandering onto it and concluding they must pay a license fee to publish a Sherlock Holmes book.

And if you think I was being paranoid or overly self-important worrying that the Doyle estate would come after me, recall that they were more than happy to take Leslie Klinger—an independent author you may not have heard of before—all the way to the 7th Circuit court of appeals. Remember what they told him: “Do not expect to see [your book] offered for sale by Amazon, Barnes & Noble, and similar retailers. We work with those companies routinely to weed out unlicensed uses of Sherlock Holmes.” Would Amazon’s algorithm automatically ban or blacklist my book because it did not carry a license from the Doyle estate?

And if that sounds farfetched, know that several years ago Amazon informed me that they would de-list my first novel because its description contained the phrase “Star Wars.” They didn’t care that my novel centers on the development of the Strategic Defense Initiative (SDI), dubbed “Star Wars” by its critics. I removed the phrase from my description, and the book continues to be sold online. I’m not happy about the situation, though.

With all that in mind, I decided to risk it. The strength of the Klinger decision convinced me the Doyle estate did not hold the copyright to Sherlock Holmes, that I didn’t need to obtain a license, that I didn’t need to wait until 2023 to publish A Man Named Baskerville—that I was entirely free to take the original Baskerville story and re-shape and re-imagine it from the perspective of the villain himself. That’s exactly what I did.