ATTN: Tolkien Estate Response

[Stormrider]

We have received word from the Tolkien Estate regarding the use of Tolkien's own artwork on our website and we would like to share it with all of you and request that you respect the family's wishes.

***

"6th July 2004

PROPOSED USE OF PROFESSOR TOLKIEN'S ART ON TOLKIEN'S RING WEBSITE

Thank you for your letter dated June 23rd.

Unfortunately, the Tolkien Estate does not permit the use of Tolkien’s artwork on fan websites, regardless of the fact that these may not be commercial in nature. Indeed, the arrival of your letter coincides with an extensive initiative to suppress the infringing use of Tolkien’s artwork.

Yours sincerely,
Cathleen Blackburn
Manches LLP
3 Worcester Street
Oxford, OXI 2PZ
Tel + 44 (0) 1865 722106
FAX + 44 (0) 1865 201012"

***

In view of the information about copyright posted by Lanhail, in The Essential JRR Tolkien Sourcebook written by George Beahm not even one line of Tolkien's poetry may be reproduced without permission of the Tolkien Estate (pg. 249) “Given its brevity, even one line of poetry exceeds fair use.”

Therefore, Tolkien’s Ring will respect the wishes of the Tolkien Estate by not displaying any of the artwork nor the poetry from Tolkien’s own hand.

Thank you,
Majah and Stormrider

[FIUT]

The "Tolkien Estate" is far more than just the familial legatees of JRRT's own work. It has grown to become a "Middle-earth Enterprises" industry that includes a broad ranging consortium of investors, corporate lawyers, public relations experts, finance officers, marketeers, etc. etc. This corporation seeks to maximize its monetary gains (that's what business is all about!), and "consumer" satisfaction may not be among its most closely held priorities.

I do not have The Essential JRR Tolkien Sourcebook so I cannot determine just what they say, or what it means when they tell us not even a single line of Tolkien's poetry may be reproduced without permission. I'll see if I can find the book and read it through. I would suggest, however, that The Tolkien Estate cannot make up its own rules and regulations regarding "fair use." They may try to "intimidate" a voluntary compliance in this regard, but I think this will, if pushed to extremes, involve them in acts of litigation that will not be judged by TE precepts, but by the national and international rules that apply to situations of copyright fair use.

The argument regarding the brevity of Tolkien's poems, must be applied, (and in a court of law, WILL BE applied) poem, by poem. A 24 line Wallace Stegner poem has excerpts, up to 8 lines, presented as quotes in a review. If this is considered fair use, then I suppose a four line Tolkien poem could still have one line quoted "fairly."

Many of Tolkien's poems are considerably longer than the TE spokesperson seems ready to admit: "Bombadil Goes Boating" has 160 - 165 lines, and "The Adventures of Tom Bombadil" is even longer, five full pages! To suggest that a single line quotation from such massive poems is a fair use copyright infringement is ridiculous.

I applaud you, Stormrider, for contacting the TE industries spokesperson, and I will comply with the Tolkien's Ring request on quotations (though it will severely dampen the exchanges here) until such time as a formal legal test is made, and a proper ruling is handed down from an official tribunal of law. I imagine that such a lawsuit will not be long in coming, given the enormous popularity of Tolkien's writings...

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BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS (Paris Text 1971)

Fair Use
------------------------------------------------------------------------

Article 10

(1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose including quotations from newspaper articles and periodicals in the form of press summaries.

(2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.

(3) Where use is made of works in accordance with the preceding paragraphs of this Article, mention shall be made of the source, and of the name of the author, if it appears thereon.

_______________

Here is the relevant "fair use" section of the current U.S. copyright code:

www4.law.cornell.edu/uscode/17/107.html

TITLE 17 > CHAPTER 1 > Sec. 107. Prev | Next Sec. 107. - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[MajahTR]

Thank you Heril for the great information and for sharing your thoughts.
Personally i feel i have purchased enough Tolkien books to be able to quote all over the place but don't let anyone hear that...
(Majah ducks as Storm swings her mighty editing sword)
Most everyone we visited with about making all things right and above board used the umbrella of the "fair use" clause but no one could actually satisfy my questions as to how it really works and if it really does protect us. (And yes i do know that when big business marches on, usually us little guys pay the price!)

It may restrict us from time to time but it will not deter us from enjoying our man JRRT or from enjoying discussing his writings (and his artwork) with our TR Fellowship...which is a pretty cool thing in my book!

And thanks for understanding our position and know we are always working to make things the best for our group...and always for the group...

yours in the journey,
Majah

[Fangorn]

You all know my opinion [raspberries]!!!

[Fangorn]

SR, this does not relate directly to our original poetry board, so can you re-locate to a more appropriate place?

thanks!

[Stormrider]

Well, Fangorn, I know it does not pertain to our own members' original poetry but I do wish to keep this posted here so that everyone is aware of what the Tolkien Estates have requested.

I think it is also very important to keep the information that Heril posted about legal articles regarding "fair use" for all of our information.