Tolkien Estate Successful In Copyright Claims Over Infringing Lord Of The Rings ‘Sequel’

[AgentPete]

This is a press release from the Tolkien estate, just received. I have no view on it yet.
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The Estate of JRR Tolkien has been successful in two lawsuits concerning a book named The Fellowship of the King by US-based author Demetrious Polychron.

Polychron published and commercially promoted the book, which he claimed to be “the pitch-perfect sequel to The Lord of the Rings.”

Polychron then commenced a lawsuit against the Tolkien Estate and Amazon in April of this year, claiming that Amazon’s TV series The Rings of Power infringed the copyright in his book. The US District Court summarily dismissed that case, finding that Polychron’s own book was infringing and could not be used as the basis for a claim.

The Tolkien Estate filed a separate lawsuit against Polychron for an injunction to prevent The Fellowship of the King from being further distributed.

In Judgments issued by Judge Steven V. Wilson on December 14, the Court awarded the Tolkien Estate summary judgment on its claim, granting a permanent injunction which prevents Polychron from ever distributing any further copies of The Fellowship of the King, his planned sequels to that book, or any other derivative work based on the books of JRR Tolkien. He is also required to destroy all physical and electronic copies of his book and to file a declaration, under penalty of perjury, that he has complied.

The Court also awarded attorney’s fees totalling $134,000 to the Tolkien Estate and Amazon in connection with Polychron’s lawsuit, which the Court found to have been frivolously and unreasonably filed.

Lance Koonce and Gili Karev of Klaris Law, New York, represented the Tolkien Estate.

The Estate’s UK solicitor, Steven Maier of Maier Blackburn, commented: “This is an important success for the Tolkien Estate, which will not permit unauthorized authors and publishers to monetize JRR Tolkien’s much-loved works in this way. This case involved a serious infringement of The Lord of the Rings copyright, undertaken on a commercial basis, and the Estate hopes that the award of a permanent injunction and attorneys’ fees will be sufficient to dissuade others who may have similar intentions.”

***ENDS***​

 

[Hannah F]

Firstly, he should have politely sought permission from the Tolkien estate. There is a small chance they might have said yes (for a substantial fee). Secondly, he should not have been so foolish (while standing on such swampy ground) as to file a law-suit against these powerful conglomerates who have enough mega-dosh to acquire the toughest lawyers in the land. It strikes of rubbing-hands-together-greed. If he'd just viewed the series as something that was likely to draw readers towards his book . . .

(Thirdly, never heard of him, and he does have a memorable name.)

 

[Adrian Bagley]

Agreed, but can you imagine being ordered destroy *all* copies of your book! Wince...

 

[Claire G]

So how do people get away with fan fiction? Do they get permission?

 

[AgentPete]

So how do people get away with fan fiction? Do they get permission?

That’s a really good question.

Technically, most fan fic is probably (or arguably) some form of copyright or trade mark infringement. Most IP owners very sensibly turn a blind eye. Having fans actually writing about your books and your universe is great marketing!

It gets more difficult when money changes hands. At that point, I think most IP owners would intervene. I’m still wondering how EL James never got busted by Stephenie Meyer’s lawyers, btw.

Another interesting example is Star Trek, legit vs fan-made. There’s a ton of fan-made Trek videos, some of them pretty good! Worth reading about the studio’s varying tolerance to this over time.

But basically – yes, to be belt and braces sure, ask for permission, then you can’t go wrong.

 

[Claire G]

That’s a really good question.

Technically, most fan fic is probably (or arguably) some form of copyright or trade mark infringement. Most IP owners very sensibly turn a blind eye. Having fans actually writing about your books and your universe is great marketing!

It gets more difficult when money changes hands. At that point, I think most IP owners would intervene. I’m still wondering how EL James never got busted by Stephenie Meyer’s lawyers, btw.

Another interesting example is Star Trek, legit vs fan-made. There’s a ton of fan-made Trek videos, some of them pretty good! Worth reading about the studio’s varying tolerance to this over time.

But basically – yes, to be belt and braces sure, ask for permission, then you can’t go wrong.

I was also thinking of 50 Shades. Years ago, I read some fan-fic linked to Wool and loved it. I think I remember Hugh Howey actually encouraged this. I guess different authors/estates have their own views. Personally, I'd be flattered!

 

[LJ Beck]

Imagine having a story who's world is so rich, characters so beloved, and lore so compelling, that it never dies. It carries on, retold in the same way, and in different ways, and in spin offs, by many people, for generations. That is remarkable.

The Hobbit was written in 1937. LOTR in 1954-55. That's 69 years ago. Tolkien died in 1973. Public domain should kick in in 2043, I believe??

In an odd twist, Tolkien, an English lit professor, was a scholar of Beowulf, and wrote two manuscripts about Beowulf, and it indirectly and directly influenced his own work. So in a way, Tolkien wrote his own fan fic.

 

[AgentPete]

In an odd twist, Tolkien, an English lit professor, was a scholar of Beowulf, and wrote two manuscripts about Beowulf, and it indirectly and directly influenced his own work. So in a way, Tolkien wrote his own fan fic.

Ha! yes indeed!
It sits at the confluence of fan fic / inspired by / copied from. Most artists operate somewhere in that grid.
I guess Tolkien was pretty safe from Scandinavian lawsuits. But Grendel, well that’s another matter...

 

[Claire G]

I once asked Disney if I could use one of their characters in my book. Got a polite but firm 'No'.

 

[Adrian Bagley]

In an odd twist, Tolkien, an English lit professor, was a scholar of Beowulf, and wrote two manuscripts about Beowulf, and it indirectly and directly influenced his own work. So in a way, Tolkien wrote his own fan fic.

And Norse/European mythology in general - goblins, trolls, elves and dwarfs all predate Tolkien. The Svartalfar of Norse mythology weren't dark elves (as depicted in the second Thor film lol), they were dwarfs living in halls of stone beneath the mountains, creating magic trinkets and rings...

 

[PCFrontier]

Thanks for the post Pete. I don't have any sympathy for Polychron, he should have got permission. I have a few Star Wars and Star Trek fiction books, where the stories are based on the original characters. I liked the books, they were commissioned by the copyright owners.

As Pete advises I think there are some very good fan made videos on You Tube. I have watched quite a lot of Star Wars fan films and shorts, and for me they are much better than the stuff Disney is currently pushing out. If you are a Star Wars fan, try Sands of Fate - A Star Wars Story which has just come out. I enjoyed that one. A 'not for profit' fan film. Polychron take note.