Episode 2.3, "The Reichenbach Fall"

[Arcadia]

I think it was the great Nina Simone's version they used in the episode though, wasn't it?

https://www.youtube.com/watch?v=H6_BWNzThJY

[Carol the Dabbler]

Not sure.  Some websites say it's hers, but it doesn't quite sound the same to me.  Was she given an onscreen credit?  If not, they may have had the studio musicians redo it, to avoid royalties.

 

[SherlockedCAMPer]

IMDb says it's her version uncredited.  I watched the '99 version of Thomas Crown Affair today and it was the same version as TRF.  There it is credited as her version.

[sfmpco]

I always thought it was a man who sang it.

[Arcadia]

I'm pretty sure I read somewhere it was Nina Simone's version, but these days I guess it's easy enough to do a cover that's almost indistinguishable from the original. Which hardly seems fair.....

 

It's so old, I wonder if royalties still apply? Dunno how that works with recordings.

[SherlockedCAMPer]

I double checked.  It is Nina's version. She's got a deep voice so she sounds like a guy.

[sfmpco]

Well, the music guys fiddled a little with the versionof Donde Esta, Yolanda, so they apparently fiddled a little with this also.

[sittything]

I wonder if it's not protected by copyrights because Nina Simone's was essentially a cover of a song that already existed?  Where did this song originally come from?  If it's prior to 1923 sounds like the song itself is public domain?

 

http://fairuse.stanford.edu/overview/faqs/copyright-basics/

[Arcadia]

Well, even if the song itself is no longer copyrighted, her performance of it might be. ??? I jus' dunno.

[Carol the Dabbler]

The song is almost certainly pre-1923, but according to Wikipedia the lyrics have changed somewhat over the years -- so any specific more recent version could still be under copyright.  And any specific performance could be covered by royalty agreements.

 

According to this site,

 

Typically, published works are protected 70 years after the death of the writer, while recordings are protected 50 years after their initial release.

 

I have no idea how accurate that is, but at least it's understandable, which is more than I can say for the more authoritative sites.  And I assume that's US law, which would cover Sherlock due to PBS involvement, though it would also be subject to British and/or EU laws.

[SherlockedCAMPer]

The copyright info is fairly accurate from what I recall.  1 of the most popular English hymns in the world is still under copyright protection for a quite a few decades as it's less than 100 years old.

[Carol the Dabbler]

... to say nothing of "Happy Birthday to You" -- which may or may not be under copyright protection.  The case is apparently in court right now.

[SherlockedCAMPer]

I'm kind of hoping that Warner loses that case in part. The song is old enough with enough potential authors that I would just make it public domain with a starting point for what year with retroactive for paying back anyone who may have paid royalties after the public domain year was established. (eg if the courts decide that it's public domain starting in 2000, anyone who paid royalties after that year would get the amount refunded.)

[Carol the Dabbler]

On the grounds of the sheer idiocy of the situation, I agree -- the song dates back to at least 1912 -- how in heaven's name could it still be under copyright?

 

On the other hand, absent any evidence to the contrary, don't we have to assume that Warner has been acting in good faith?  (As I recall, they paid a pretty penny for the rights.)  So I'd be satisfied if the court simply ordered them to desist.  (In which case, the upcoming season of every show on television will undoubtedly feature a full-scale production of "Happy Birthday to You.")

 

[SherlockedCAMPer]

It's a matter of when did the composer die and since there are multiple options for composer I'd just pick a year as the last year for upholding copyright whether that is in the past, now, or still coming up.

[Carol the Dabbler]

Another "what if" just occurred to me:  What was Sherlock planning to do about John if Moriarty hadn't arranged for the fake paramedic to phone him?  Did Sherlock have a fake phone call lined up as well?  Doubt that he was planning to use the "pop outside for some fresh air" excuse again -- John might have objected (on the grounds that Sherlock's a wanted man) and/or insisted on coming along.  Maybe just claim to be heading for the bathroom?

 

All he really needed to do was get out of the lab without making John suspicious, and then get out of sight of the doorway.  Looking for him on the roof would hardly have been John's first thought.

 

[J.P.]

He could also leave without waking John.

[Carol the Dabbler]

True -- if John happened to be still asleep when Sherlock got the text, and if neither the text-alert nor Sherlock's moving about happened to waken him.  (John does seem amazingly able to sleep in non-bed situations, possibly a skill acquired during his internship.)

 

[Arcadia]

Another question ... what if Sherlock had fallen for the ruse and rushed off to Baker Street with John? I'll bet Jim would've felt pretty silly, sitting on the roof all day and no Sherlock....

 

Or what if John had gotten stuck in traffic on the way back, and was delayed an hour or two? Would Sherlock have jumped anyway? Or was it imperative that John (and only John, apparently) see him jump? And why didn't Jim suspect Sherlock had a plan, if they were so alike?

 

Okay, I'll take a stab at that last one for myself ... Jim had a death wish, and he knew they were alike, so it didn't occur to him that Sherlock would take steps to avoid dying if at all possible?

[Carol the Dabbler]

Another question ... what if Sherlock had fallen for the ruse and rushed off to Baker Street with John? I'll bet Jim would've felt pretty silly, sitting on the roof all day and no Sherlock....

 

 

Or what if John had gotten stuck in traffic on the way back, and was delayed an hour or two? Would Sherlock have jumped anyway? Or was it imperative that John (and only John, apparently) see him jump?

 

Apparently, yes.  But I'm still trying to figure out why the cops didn't have Baker Street staked out, or if they did, why they didn't grab John when he showed up -- or tail him back to Bart's and ruin everything with their suicide-intervention squad.

 

... And why didn't Jim suspect Sherlock had a plan, if they were so alike?

 

Okay, I'll take a stab at that last one for myself ... Jim had a death wish, and he knew they were alike, so it didn't occur to him that Sherlock would take steps to avoid dying if at all possible?

Sounds good to me.

 

[Arcadia]

I wondered about the cops too, but decided they took off just before John arrived, or something. Maybe Lestrade wasn't trying very hard to find them?

[Shadow Dweller]

I get impression that the paramedic's phone call is Sherlock's doing, probably with help from the homeless network 

 

[Carol the Dabbler]

That was my second thought.  I initially assumed the call was Moriarty's doing, then realized Sherlock must have planned it -- then reverted back to Moriarty because:

 

A] The episode is loosely based on Conan Doyle's "Final Problem," which takes place in Europe.  Watson receives a note saying that an English woman staying at the local hotel is dying, and would be greatly comforted if she could be attended by an English doctor.  Holmes later admits (in "The Empty House") that he was virtually certain the note was a ruse, sent by Moriarty, but he let Watson go back to the hotel anyhow.

 

... and ...

 

B] If Moftiss had decided to flip the logic (as they did with "Rache" / "Rachel"), they'd have made it seem very clever -- whereas in fact they say nothing whatsoever about it.  We are never told who did (or did not) make the call.  The call is never mentioned again.

 

... therefore ...

 

C] It had to be Moriarty.

 

[Arcadia]

Also, they said so in an interview or something. It's on this forum somewhere, not too long ago.

[Carol the Dabbler]

Thanks for the reminder!  You're presumably referring to this:

 

Just got my copy of THE SHERLOCK CHRONICLES, and according to a deleted scene, it was Moriarty who orchestrated the fake phone call to John that Mrs. Hudson had been shot in order to get him out of the area.

 

(Hey, that was three months ago!  You expect me to remember?  :P  )

 

... followed up by this:

 

Okay, just to clarify, this is from a deleted scene bit, pg. 200 of SHERLOCK CHRONICLES

 

107E - EXT. BART'S ROOFTOP - DAY

 

SHERLOCK

You're too obvious.  Getting John out of the way.

 

JIM

You realized?

 

SHERLOCK

Please!

 

JIM

Well... I just wanted us to be alone.

No gooseberries.  (smiles)  You did it

to yourself, you know?  All I did was 

pull one tiny little thread.  All that

resentment, you created that - I just

had to pull it down on top of you.

 

SHERLOCK

You haven't won yet.

 

JIM

No?

 

SHERLOCK

I can still prove my innocence.

Prove you made up a whole false

identity....

 

JIM

Killing yourself would really

be a lot less effort.

 

(in case you don't know, the "107E" is the script breakdown scene number, and E indicates the addition/revision to the scene)