Greed in M***le E**th

The surviving relatives of one of the most celebrated and beloved literary figures in the world may be trying to put the works that shaped generations behind a paywall. If you wonder why I'm saying this so vaguely, or why the title of this article is comically censored I want you to consider these (slightly censored) outtakes from that estate's FAQ section (updated sometime around the beginning of March or end of February 2022):

Can I Get Perimission to Quote from Tolk**ns Works?

All bona fide requests for permission to qute from Tolk**n's published works should be addressed to HarperCollins Publishers...

How do I Set Up an Official Tolk**n Club or Society?

Tolk**n clibs and societies require a licence to use the TOLK**N name, which is a registered trademark...

Not so strange, right? Well, yes and no - you see while it is pretty much accepted that fandoms are legally not allowed to profit from fanfictions, fan art, fan films, etc there has long been a legal grey around surrounding how much engagement with a certain work is too much.

No Permission? No Opinion

What makes the stance of this estate so unusual is that, for a start, they have actually trademarked the name of the author and all of the details of a story that is now about a century old. The actual language of the page doesn't seem so stringent, but that's a very clever move on their behalf because when you read between the lines you begin to realize how concerning this is. For example, the section concerning quotations really only has details on how to ask for permission. All fine and well, yes?

Well, not really because while using quotations in a commercial work has long been... well... a commercial matter, copyright law generally allows for limited quotation for the purpose of scholarly research, criticism, and comment on works of fiction. This provides some protection for those who might say things that the copyright holder doesn't like and allows for honest reviews, etc.

In this case, the trademark holding estate specifically notes that scholars will have to seek permission from either the publisher (for published works) or the archivists (unpublished works). One might assume that no reasonable person would deny permission, it's important to note that the wording does reserve the right to deny permission. This is not unprecedented but is certainly unusual enough to raise eyebrows.

The problem is that it doesn't end here.

No Clubs, Societies, or Appreciation without a Licence

Don't quite believe the headline? Here's a (censored) screenshot directly from the estate webpage:

By this point you're getting tired of the censorship, I know you are - we all know which authors estate this refers to and I am being facetious to make a point. The point is that it's very hard to discuss an authors work when their surname, the name most commonly used to discuss authors and their work, is trademarked.

Now consider the screenshot above; the estate reserves not only the right to forbid the creation of a NON-PROFIT society or fan club (hundreds of thousands of which probably already exist), but potentially the right to sue those they do become aware of. Even if they do not profit from this enthusiasm and appreciation for the work. And if you want to start a new society?

Well, the estate reserves the right to vet and veto the proposed objects, constitution AND management of this club. In case I'm being ambiguous, this means that they reserve the right to punish legally those who engage with or discuss that authors works in a way that the estate does not deem appropriate.

But Sheree, I hear you say, just because they reserve the right doesn't mean they will. And that's the most insidious part of the whole thing, in my opinion. Fan clubs, societies, fanzines, and even fan fiction and fan art generally function as free advertisements for authors and creators. The majority of people who run such clubs, write blog posts, make art do so for a love of the work. And yes, I highly doubt the estate will genuinely vet every single society constitution themselves, but what this means is that f one of these non-profit passion projects becomes popular, gets too big for its britches, so to speak, the estate reserves the legal right to micromanage or punish them.

Whether this is legally feasible is debatable. The estate has consulted IP lawyers, clearly, but the language is vague. So it may be that they are simply relying on the fact that they have 100 years of profit from one of the most famous works of fiction on the planet to exhaust anyone who tries to fight them legally. Or there may be an ironclad legal precedent for requiring scholars to ask permission to study and quote works for academic purposes... maybe.

So, if you think you know which estate this concerns and you are concerned, here's a list of things the estate reserves the right to take legal action over:

• Public readings of the authors work
• Documentaries (even if they are not for profit. The estate states they will only accept "established commercial broadcasters", e.g. those who can pay. By extension this may cover video essays.)
• Use of the names, likenesses, or works of the author and their characters for charitable events or campaigns
• Festivals and events, even free ones
• Fanzines or publications of any kind (Quote "Unfortunately permission cannot be given for publications which use the name TOLK**N or the Tolk**n Estate’s copyright materials.")
• Fan art
• Fan fiction
• Songs based on the authors' poetry
• Usage of the authors created languages beyond private writings for personal, non-published amusement

This may also cover the creation of craft designs such as knitting patterns, though there is little explicitly said about this. Though no fees are explicitly listed on the site it is reasonable to expect that some activities, if not all, mentioned as needing a licence may actually require payment to the estate for that licence.

For all these facts, I have one solid opinion to add; whether this is about money or control, it's a blindingly brutal move on the part of the heirs of a long-dead author. The author created a folkloric epic for Great Britain, and their descendants seem determined to wring every ounce of joy, creativity, and, yes cash, out of the people who dare to love it.