UPDATE: Andy Frankham-Allen, creative director of Brigadier Lethbridge-Stewart creator Mervyn Haisman's estate, has now downplayed any conflict with the BBC — and also explained how the Brigadier's daughter Kate Stewart (Jemma Redgrave) was approved for Doctor Who.

"Kate was created under licence by Haisman himself in 1995," Frankham-Allen explained. "The Brig's grandfather was believed to be Alistair Snr for almost twenty years. A solution was achieved, for ['Twice Upon a Time'], that maintains the integrity of both concepts. And no, despite the Mirror, there is no row."

The character of Kate Stewart first appeared in unofficial Doctor Who spin-off media in the 1990s (as played by Beverley Cressman), and was only later re-appropriated by the official series in the Steven Moffat era. Mark Gatiss's 'The Captain' is an entirely new character.

ORIGINAL: The BBC has shot down accusations that the Doctor Who Christmas special may have infringed on character copyright.

Recent festive episode 'Twice Upon a Time' cast Mark Gatiss as 'The Captain' – a character eventually revealed as the grandfather of classic Who character Brigadier Lethbridge-Stewart.

BBC

[Above: Nicholas Courtney as Brigadier Lethbridge-Stewart, with Jon Pertwee as the Doctor]

Now, The Mirror alleges that the estate of Mervyn Haisman, the writer who co-created the Brigadier with Henry Lincoln in the 1960s, is "considering legal action".

Andy Frankham-Allen, creative director of the Haisman Estate, told the outlet: "Characters are considered creative works and are protected by copyright law. As such, we reserve the right to determine what is officially part of our intellectual property.

"If derivative works are created without our permission, then we will determine if/how they fit into our IP [intellectual property]. We reserve the right to accept or reject any additions to our intellectual properties."

However, in a statement, a BBC spokesperson responded, "This claim is without foundation. There has been no breach of copyright."

BBC/BBC Worldwide

Mark Gatiss had previously admitted that he'd "started crying" when he learned of the connection between his character and the Brigadier.

"Amongst the many gifts Doctor Who has given me, to actually end up being the Brigadier's grandfather is... I couldn't have imagined anything more brilliant," he said.

The Christmas episode ended with Peter Capaldi's Doctor finally embracing change and becoming Jodie Whittaker's new incarnation, who'll front a new 10-part series of Doctor Who in autumn 2018.

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