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The Tolkien Estate is the legal body which manages the property of the English writer
J. R. R. Tolkien John Ronald Reuel Tolkien (, ; 3 January 1892 – 2 September 1973) was an English writer and philology, philologist. He was the author of the high fantasy works ''The Hobbit'' and ''The Lord of the Rings''. From 1925 to 1945, Tolkien was ...
, including the copyright for most of his works. The individual copyrights have for the most part been assigned by the estate to subsidiary entities such as the J. R. R. Tolkien Discretionary Settlement and the Tolkien charitable trust. The various holdings of the Tolkien family, including the estate, have been organized under The Tolkien Company, the directors of which were
Christopher Tolkien Christopher John Reuel Tolkien (21 November 1924 – 16 January 2020) was an English academic editor, becoming a French citizen in later life. The son of author and academic J. R. R. Tolkien, Christopher Tolkien edited much of his father' ...
until August 2017 and his wife
Baillie Tolkien The Tolkien family is an English family of German descent whose best-known member is J. R. R. Tolkien, Oxford academic and author of the fantasy books ''The Hobbit'', ''The Lord of the Rings'' and ''The Silmarillion''. Etymology According to R ...
, and J. R. R. Tolkien's grandson Michael George Tolkien. The executors of the estate proper were Christopher Tolkien (died 16 January 2020), who was sole literary executor, and (succeeding J.R.R. Tolkien's lawyer Frank Williamson), Cathleen Blackburn of Maier Blackburn, who has been the estate's solicitor for many years. The lawsuits below refer to an entity entitled "Fourth Age, Ltd." which was formed in November 2011. Although court records do not reflect this, according to UK corporate records Fourth Age, Ltd. changed its name on 21 February 2013 to Tolkien Estate, Ltd. Its directors include Tolkien family members Baillie Tolkien, Simon Tolkien and Michael George Tolkien, as well as the Tolkien Estate attorney, Steven Andrew Maier, and formerly included Christopher Tolkien and Priscilla Tolkien, both deceased.


Rights to ''The Hobbit'' and ''The Lord of the Rings''

Exclusive worldwide rights to motion picture, merchandising, stage and other rights in certain literary works of
J. R. R. Tolkien John Ronald Reuel Tolkien (, ; 3 January 1892 – 2 September 1973) was an English writer and philology, philologist. He was the author of the high fantasy works ''The Hobbit'' and ''The Lord of the Rings''. From 1925 to 1945, Tolkien was ...
including ''
The Hobbit ''The Hobbit, or There and Back Again'' is a children's fantasy novel by English author J. R. R. Tolkien. It was published in 1937 to wide critical acclaim, being nominated for the Carnegie Medal and awarded a prize from the '' ...
'' and ''
The Lord of the Rings ''The Lord of the Rings'' is an epic high-fantasy novel by English author and scholar J. R. R. Tolkien. Set in Middle-earth, intended to be Earth at some time in the distant past, the story began as a sequel to Tolkien's 1937 children's boo ...
'' were sold by Tolkien himself to
United Artists United Artists Corporation (UA), currently doing business as United Artists Digital Studios, is an American digital production company. Founded in 1919 by D. W. Griffith, Charlie Chaplin, Mary Pickford, and Douglas Fairbanks, the studi ...
in 1969, reportedly for a very small amount,Focus: Tolkien sold film rights to Lord of the Rings to avoid taxman
. ''The Times'' 15 December 2002 (retrieved 2018-05-23).
and are currently owned by
Middle-earth Enterprises Middle-earth Enterprises, formerly known as Tolkien Enterprises, is a subdivision of the Embracer Freemode division of Embracer Group and formerly a trade name for a division of The Saul Zaentz Company. The subdivision owns the worldwide exclusiv ...
(formerly Tolkien Enterprises), inc., a company controlled by
Saul Zaentz Saul Zaentz (; February 28, 1921January 3, 2014) was an American film producer and record company executive. He won the Academy Award for Best Picture three times and, in 1996, was awarded the Irving G. Thalberg Memorial Award. Zaentz's film p ...
until his death in 2014.


Legal issues


Film royalties

In February 2008,
the Tolkien Trust The Tolkien Trust is a British charity founded in 1977 that manages the money received from J. R. R. Tolkien's estate (the Tolkien Estate). Specifically, the trust enables its trustees, the members of Tolkien's family, to donate regularly to which ...
sued
New Line Cinema New Line Cinema is an American film production studio owned by Warner Bros. Discovery and is a film label of Warner Bros. It was founded in 1967 by Robert Shaye as an independent film distribution company; later becoming a film studio after acq ...
, the studio behind the ''Lord of the Rings'' trilogy, for £75 million claiming they had not received "even one penny" from the films. A request for punitive damages was denied in September 2008. The case was resolved out of court on 8 September 2009 with the terms not made public. In a
press release A press release is an official statement delivered to members of the news media for the purpose of providing information, creating an official statement, or making an announcement directed for public release. Press releases are also considere ...
, Christopher Tolkien stated, "The Trustees regret that legal action was necessary, but are glad that this dispute has been settled on satisfactory terms that will allow the Tolkien Trust properly to pursue its charitable objectives. The Trustees acknowledge that New Line may now proceed with its proposed films of ''The Hobbit''."


Gambling devices

In November 2012 in the
United States District Court for the Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, m ...
, Fourth Age Limited, the Trustees of the Tolkien Trust, and publishers Harper Collins Publishers, Ltd., Unwin Hyman, Ltd. and George Allen and Unwin (Publishers) Ltd. sued Warner Bros. Digital Distribution, Inc., a division of Warner Bros. Home Entertainment, Inc.; Warner Bros. Entertainment, Inc. as successor-in-interest to
New Line Cinema New Line Cinema is an American film production studio owned by Warner Bros. Discovery and is a film label of Warner Bros. It was founded in 1967 by Robert Shaye as an independent film distribution company; later becoming a film studio after acq ...
Corp.; Warner Brothers Consumer Products, Inc.;
Warner Bros. Interactive Entertainment Warner Bros. Interactive Entertainment (WBIE; also known as Warner Bros. Games or WB Games) is an American video game publisher based in Burbank, California, and part of the newly-formed Global Streaming and Interactive Entertainment unit of ...
, Inc.; New Line Productions, Inc.; and
the Saul Zaentz Company Saul Zaentz (; February 28, 1921January 3, 2014) was an American film producer and record company executive. He won the Academy Award for Best Picture three times and, in 1996, was awarded the Irving G. Thalberg Memorial Award. Zaentz's film ...
, doing business as
Middle-earth Enterprises Middle-earth Enterprises, formerly known as Tolkien Enterprises, is a subdivision of the Embracer Freemode division of Embracer Group and formerly a trade name for a division of The Saul Zaentz Company. The subdivision owns the worldwide exclusiv ...
, alleging
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
,
breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
, and
declaratory relief A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal mat ...
, arguing that the defendants exceeded the scope of their rights.https://www.scribd.com/document/153237062/Tolkien-Order - Fourth Age Limited et al. v. Warner Bros. Digital Distribution Inc et al. The suit alleged that by producing gambling and video games using his characters, the parties had ignored the limitations of the rights purchased more than four decades prior in 1969; contending the original licence to Tolkien's works was limited to the right to sell "tangible" products such as "figurines, tableware, stationery items, clothing, and the like", but did not cover "electronic or digital rights, rights in media yet to be devised or other intangibles such as rights in services". Tolkien's estate claimed that the defendants actions had caused "irreparable harm to Tolkien's legacy". On 11 March 2013, the Saul Zaentz Co. (doing business as
Middle-earth Enterprises Middle-earth Enterprises, formerly known as Tolkien Enterprises, is a subdivision of the Embracer Freemode division of Embracer Group and formerly a trade name for a division of The Saul Zaentz Company. The subdivision owns the worldwide exclusiv ...
), the rightsholder for the ''Lord of the Rings'' and ''Hobbit'' properties, filed an amended counterclaim against Fourth Age for declaratory relief, breach of the
implied covenant of good faith and fair dealing In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties ...
, and ''
quantum meruit ''Quantum meruit'' is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by ...
''. On the same day, the Warner Parties filed an amended counterclaim against Fourth Age for breach of contract and declaratory relief. The Tolkien Estate et al. attempted to block these countersuits under California's anti-
SLAPP Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with t ...
statute, claiming that Warner Brothers was interfering with their right to petition under the
First Amendment to the US Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the fr ...
. On 11 July 2013, US District Judge Audrey Collins denied a motion to dismiss, disagreeing that what Warner Brothers was doing was making "disguised claims for malicious prosecution" and wrote "these claims arise out of the parties' divergent understanding of the Warner Parties' and Zaentz's rights to The Lord of the Rings and The Hobbit. They are routine contract-based claims and counterclaims." In October 2015 the
Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
upheld that ruling. The lawsuit was confidentially settled in July 2017.


''The Lord of the Rings: The Rings of Power''

On 13 November 2017,
Amazon Amazon most often refers to: * Amazons, a tribe of female warriors in Greek mythology * Amazon rainforest, a rainforest covering most of the Amazon basin * Amazon River, in South America * Amazon (company), an American multinational technology c ...
acquired the global television rights to ''The Lord of the Rings'', committing to a multi-season television series titled '' The Lord of the Rings: The Rings of Power''. It will feature stories that are set in the Second Age. Amazon said the deal included potential for spin-off series as well. The press release referred to "previously unexplored stories based on J.R.R. Tolkien’s original writings". Amazon will be the producer in conjunction with the Tolkien Estate and
The Tolkien Trust The Tolkien Trust is a British charity founded in 1977 that manages the money received from J. R. R. Tolkien's estate (the Tolkien Estate). Specifically, the trust enables its trustees, the members of Tolkien's family, to donate regularly to which ...
,
HarperCollins HarperCollins Publishers LLC is one of the Big Five English-language publishing companies, alongside Penguin Random House, Simon & Schuster, Hachette, and Macmillan. The company is headquartered in New York City and is a subsidiary of News Cor ...
and
New Line Cinema New Line Cinema is an American film production studio owned by Warner Bros. Discovery and is a film label of Warner Bros. It was founded in 1967 by Robert Shaye as an independent film distribution company; later becoming a film studio after acq ...
.


Christopher Tolkien's resignation

On 31 August 2017, at age 93, Christopher Tolkien resigned as a director of the Tolkien estate and the Tolkien trust, while remaining as the literary executor. He died on 16 January 2020 at the age of 95.


References


External links

*
Tolkien Trust v. New Line Cinema Corp.
{{Use British English Oxford spelling, date=November 2017 Intellectual property organizations J. R. R. Tolkien