In message
<
news:8f7b27cc-bb60-473d...@googlegroups.com>
JJ <
jo...@jones5011.fsnet.co.uk> spoke these staves:
>
> On Friday, September 21, 2012 10:53:46 PM UTC+1, Troels
> Forchhammer wrote:
>>
>> I know that there are cases where the reason for turning down
>> or stopping a project isn't immediately obvious -- the
>> /Wheelbarrows at Dawn/ book about Hilary Tolkien comes to mind
>> -- but overall I think the Estate's decisions seem reasonable
>> (yes, they are rather protective of J.R.R. Tolkien's
>> reputation, but I do find that reasonable).
>
> The reason for stopping 'Wheelbarrows at Dawn' was that the
> Tolkien Estate claimed that some of the material quoted was
> their copyright.
My understanding is that anything written by J.R.R. Tolkien is
copyright of the Tolkien Estate -- this would include anything written
in letters to his brother Hilary, even if the letter itself would be
the property of Hilary and his heirs (I am less certain about images of
said letters, but any transcription of the text would certainly be the
copyright of the Tolkien Estate).
If these letters have not been previously published, there can, I
believe, not be any question of fair use, but I am far less certain
about this.
Finally I have no idea what the situation might be with regards to
paraphrasing from unpublished letters -- in such a case I imagine it
might even depend on how much paraphrasing was used, and how close the
paraphrasing would be to the original.
It is also my understanding that more and more copyright holders find
themselves compelled to protect their copyright far more aggressively
than earlier because they fear that they may otherwise forfeit parts of
it (is this another example of European legal practices being
influenced by American law?)
> It probably wasn't, but the publisher couldn't afford to take
> the Estate to court to test it.
I would have hoped that there were other solutions available than a
court battle, though perhaps it would be better to have some legal
decisions regarding the limits of copyright (the question might also be
whether the publisher would wish to alienate the Estate in that way --
it might affect their chances of cooperating with the Estate on future
publications).
> It doesn't seem 'reasonable' to me, from what I know. (One of the
> co-authors of WaD is my nephew).
Well, fortunately I did stipulate 'overall' and explicitly mention
/WaD/ as a case I didn't know about :)
Let me illustrate what I mean by 'reasonable' with an example (and
perhaps I should stress that from what little I know of JRRT's
relationship with his brother, there is no reason to think that this
example would be applicable in the case of /WaD/, and I firmly believe
that it is not so applicable):
Let us, for the sake of the example, assume that JRRT had written some
particularly ugly things to Christopher Wiseman (this could be about
Wiseman himself or it could be about some third party -- that is not
important), and one of Wiseman's heirs wanted to publish a biography of
Wiseman including the ugly things that Tolkien had said.
In such a case it would be difficult to imagine that the Estate would
ever allow publication of the contents of said letter, and they would
probably also fight publication of any paraphrase of these things, if
they reflected badly on JRRT himself (his negative opinions about
Hitler, or even about 'Government' can't be said to reflect
particularly badly on himself). In such a case, I might regret that the
truth would not become known, and I would probably disagree with the
decision, but on the other hand I would have to say that I would find
the Estate's attitude reasonable -- surely they also have an interest
in protecting JRRT's name reputation, even if the public (including
students of JRRT and his work) might want to know the ugly truth.
--
Troels Forchhammer
Valid e-mail is <troelsfo(a)
gmail.com>
Please put [AFT], [RABT] or 'Tolkien' in subject.
The errors hardest
to condone
in other people
are one's own.
- Piet Hein, /Our Own Motes/