Register Now

Already have an account?


Remember me

Lost Your Password?
Main Menu
Collector's Guide Table of Contents
Recent Visitors

35 seconds ago

58 minutes ago

1 hour 2 minutes ago

1 hour 50 minutes ago

2 hours 49 minutes ago

4 hours 6 minutes ago

4 hours 23 minutes ago

8 hours 2 minutes ago
Report message: *
* = Required

Re: Cancelled - Wheelbarrows at Dawn: Memories of Hilary Tolkien

Subject: Re: Cancelled - Wheelbarrows at Dawn: Memories of Hilary Tolkien
by Stu on 2010/11/9 1:43:40

"You also have to see that the copyright is there "possession" - and so if you want to do anything you will need to ask permission. Why is it logic so for people to ask permission to lend items, to enter archives, etc but think they can publish anything they like. It is not because I own many handwritten letters by J.R.R. Tolkien that I can just start publishing them... don't you see the logic?"

Of course anything written by Tolkien would naturally be the IP of his estate (although I believe this is not necessarily the case in all locales). Anyway, I'm not arguing that anyone should be able to publish anything that they like, and anything that is published needs to be demonstrably factual (and certainly not libelous, especially in the UK). Most books about Tolkien that would feature small extracts of his work for the purposes of criticism would be covered by the doctrine of fair use. There is really absolutely no requirement to have the authorisation of the estate to write a book about Tolkien, depending on the content. I'm sure plenty of books about Tolkien do not have any explicit approval. If the book uses material copyright of the estate, then that is another matter (again, subject to fair use).

However, where an author or estate is very powerful, challenging that something falls under the fair use doctrine is probably next to impossible.

© 2016 TolkienGuide.com and respective authors. Contact Us