Warner Bros. is going after the estate of author J.R.R. Tolkien hard in litigation over online slot machines and games tied to the lucrative Lord of the Rings and Hobbit properties.
In November, the Tolkien estate and and its book publisher HarperCollins filed an $80 million lawsuit that claimed that Rings/Hobbit producers including Warner Bros. had infringed the copyright in the books and breached a contract by overstepping their rights.
For readers of The Hobbit, which became an almost overnight classic following its 1937 debut, the new movie may elicit some puzzlement. Seemingly extraneous flourishes clog up what many remember as a simple fairy tale, and random characters appear at every twist and turn throughout Middle Earth.
Yet those fans who went on to immerse themselves in J.R.R. Tolkien’s wider lore will find inspiration. For the most part, director Peter Jackson does not exercise an extra heaping of artistic license. Rather, Jackson—reportedly something of a nerd himself—borrows from the larger Tolkien literature to create a rich Hobbit tableau.
“Jackson knows the lore pretty well and wanted to bring that larger material in there wherever he could,” said Michael Drout, an English professor at Wheaton College who founded the academic journal Tolkien Studies and edited the J.R.R. Tolkien Encyclopedia. It’s this so-called textuality—or texts behind texts behind other texts—that lends Tolkien’s work the air of reality, he said, and which Jackson seeks to capture in his films.
Jackson isn’t free to tap into any detail he wants from Tolkien’s wider works, however. “He had a very difficult task in that the movie rights extend only to The Hobbit and Lord of the Rings,” said John Rateliff, an independent Tolkien scholar and author of The History of the Hobbit. “He’s well aware that there’s a great deal more material set in that world, but contractually not allowed to use that material in the movies.”
Unconfirmed rumours are circulating that Universal is talking with Tolkien Estate about creating a Middle-earth theme park. The rumours emerged on New Year’s day on the Orlando United forum where a user reported claims that Universal Studios asked Warner Bros. to raise the topic with Tolkien Estate. At this point, it is unclear whether the user has insider knowledge, or is simply reporting what others have said.
“…here is how I heard that it played out. Universal asked Warner Bros. to approach the Tolkien family since the Tolkien’s trust WB with the success of the LOTR series. WB described how Universal was willing to work with JK Rowling and how the 2 of them (WB and JK) held Universal’s feet to the fire to uphold Rowling’s vision of the IP. And I believe that the Tolkien’s may have actually talked to JK Rowling. This was before Universal said a word to the Tolkien’s. So after WB stoked the fire, Universal entered the picture with an impressive plan.
As of now there is a lot of hammering out to go, but Universal has gotten a lot farther than Disney ever did.”
Tolkien aficionados would recall, of course, that the professor had a notoriously low estimation of the creative works of Walt Disney. Letter #13 in Letters of J.R.R. Tolkien makes his position clear:
“It might be advisable […] to let the Americans do what seems good to them — as long as it was possible […] to veto anything from or influenced by the Disney studios (for all whose works I have a heartfelt loathing).”
That’s not to say that Universal would fare any better with Tolkien Estate in any quest to create a Middle-earth theme park. The Estate is well-known to be wary of merchandising, and is currently engaged in a legal stoush with Warner Bros. and Saul Zaentz, alleging that the companies are merchandising beyond what was contractually agreed upon in the 1969 rights deal.
Micechat, a site that specialises in theme park news, claims Universal “is very close to acquiring the rights to develop and produce attractions based on the successful Lord of the Rings franchise of films”. So we might see whether there’s anything to this rumour quite soon.
You may have read recently that the Tolkien Estate has brought a lawsuit against Warner Bros., regarding Warner Bros.’ marketing rights for Lord of the Rings and Hobbit products. Our friend Erik Wecks has written a great piece for Geek Dad at Wired.com, clarifying some of the issues at stake and suggesting why the Tolkien Estate may have felt the need to take such action. For fans of Tolkien’s work, just how far is too far – when does a franchise become a sell out? Check out the excellent article here.
Tolkien Estate and HarperCollins are suing The Saul Zaentz Company and Warner Bros. Tolkien Estate alleges that the companies are merchandising beyond the bounds of what was agreed in the 1969 deal with the studio and rights holder Saul Zeantz.
“The original contracting parties thus contemplated a limited grant of the right to sell consumer products of the type regularly merchandised at the time (such as figurines, tableware, stationery items, clothing and the like). They did not include any grant of exploitations such as electronic or digital rights, rights in media yet to be devised or other intangibles such as rights in services,” says the 26-page complaint. Continue reading “Tolkien Estate sues WB and Saul Zaentz”
Parma Eldalamberon (The Book of Elven-tongues) is a journal of the Elvish Linguistic Fellowship, a special interest group of the Mythopoeic Society. This new issue presents previously unpublished writings by J. R. R. Tolkien about an early version of one of his invented scripts, edited and annotated by Arden R. Smith, under the guidance of Christopher Tolkien and with the permission of the Tolkien Estate.
The Qenya Alphabet is an edition of Tolkien’s charts and notes dealing with the circa-1931 version of the writing-system later called Fëanorian Tengwar. It includes 40 documents in which Tolkien’s examples of the scripts are reproduced using electronic scans of black-and-white photocopies of the original manuscripts. Continue reading “New Eldalamberon from Elven Linguistic Fellowship”
Warner Bros. is going after the estate of author J.R.R. Tolkien hard in litigation over online slot machines and games tied to the lucrative Lord of the Rings and Hobbit properties.
Parma Eldalamberon (The Book of Elven-tongues) is a journal of the Elvish Linguistic Fellowship, a special interest group of the Mythopoeic Society. This new issue presents previously unpublished writings by J. R. R. Tolkien about an early version of one of his invented scripts, edited and annotated by Arden R. Smith, under the guidance of Christopher Tolkien and with the permission of the Tolkien Estate.