BBC Executives have already expressed their outrage at Elementary, an American Sherlock remake.  Now, one of the shows producers has spoken about the possibility of legal action against broadcaster CBS.

Sue Vertue (who has produced the show from its conception, along with husband and Sherlock showrunner Steven Moffat) has spoken to The Independent about Elementary, and her feelings on the show.

“We understand that CBS are doing their own version of an updated Sherlock Holmes. It’s interesting, as they approached us a while back about remaking our show. At the time, they made great assurances about their integrity, so we have to assume that their modernised Sherlock Holmes doesn’t resemble ours in any way, as that would be extremely worrying.” She added: “We are very proud of our show and like any proud parent, will protect the interest and wellbeing of our offspring.”

You can read the full article at this link.
Should Hartswood Films choose to take action against CBS, it could present a very interesting case – while the Sherlock Holmes characters and stories are in the public domain in Britain, the American copyright is still held by the Conan Doyle Estate.  Copyright specialist Margaret Tofalides has stated that while Sherlock Holmes itself cannot be protected, “some of the unusual elements of the BBC production, like plots, clothes, settings and distinctive characters, could form the basis of a potential copyright claim.”

Update – Steven Moffat, the co-creator of Sherlock recently tweeted the following:

For those of asking about the CBS thing, here you go: http://goo.gl/SF6Xt

The link directs followers to The Independent article.  It appears that this is the official stance that the makers of the programme are taking.  The most interesting thing that comes from the story is the revelation that CBS originally approached the BBC about obtaining the rights to remake the programme, but chose to abandon that plan and instead create a new, unique contemporary Sherlock Holmes.

Do you think Sue Vertue is right to warn of possible legal action, should Elementary have too many similarities to Sherlock?  Let us know your thoughts on this latest development below!