Can I use Sherlock Holmes in my fiction?

Yes, the character is public domain, having been published in the USA prior to 1923 and more than 70 years ago in the UK.

The interesting bit, noted by Marli and her links, is that FOREIGN works actually have better US copyright than published works of US authors in the period between 1923 and 1989. A US publication without copyright notice and 28-year renewal would be public domain. A foreign work is exempt, if its copyright in the country of origin had not expired before 1996.

A certain number of ACD's works (about a dozen) were published after 1922, meaning their US copyright would expire 95 years later. (The US law for copyright duration of 95 years for publications in that era has nothing to do with the author's death.) However, this "copyright" would only cover so much of those publications as were "new creative works of authorship" and certainly nothing that was already public domain (e.g., the characters of Holmes and Watson).

Oh, did you pick a timely question. Two American authors are challenging the Conan Doyle Estate on the copyright in the United States. See New York Times article below. It has links to the Conan Doyle Estate site and the site with the text of the complaint.

I also source Ms. Plunket's site, though there is contention between her and the Estate who is the owner.

So far as I understand it - which is only an inch forward from nothing - ACD's daughter Jean, through her American lawyers, filed an extension of U.S. copyright for "The Casebook of Sherlock Holmes", which would expire in 2025 - 95 years after ACD's death. So, the Estate says that those wishing to use Mr. Holmes in the U.S. must pay licencing fees.

Now that's US. Mr. Klinger and Ms. King, the plaintiffs in the suit, claim that Sherlock Holmes has been in the public domain in Great Britain and Canada since the 1980s. Since you are British, my suggestion is that you and your publisher contact a copyright lawyer or two in Great Britain.

5 pm edit Feb 27

Thank you to bcnu for the correction and the source for explaining U.S. copyright.

I still think that you and/or your publisher should check with a copyright lawyer before rolling the book off the press or uploading the e-book, just to make sure your way is clear.

Considering the fact that the names "Sherlock Holmes" and "Dr. Watson" are household words and the characters are frequently referenced in stories, it would seem they are in the public domain. Marli's links suggest otherwise, and you would be wise to check them out before you publish anything other than not-for-profit fan-fiction.

Almost all the stories are out of copyright, but the Conan Doyle estate claims a trademark on the character, which means they won't let you use him in your own stories unless you get permission from them.

Sherlock Holmes is very definatley subject to a copyright!

same as James Bond, Harry potter, etc ....

If you intend to make money from your book, you will have to seek permission to use that character in your book.

May be not. I love Sharlok Holmes....