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It's arguable...

squire
Half-elven


Nov 17 2010, 6:07pm


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It's arguable... [In reply to] Can't Post

...that Hilary Tolkien himself did not lead a very interesting life, even from the point of view of most Tolkien fans. If so, then the 10% of the content that was objectionable may have been the only reason for writing the book in the first place.

A quick internet search turned up the suggestion that "after the 1976 Copyright Law, all such materials—created before 1978 and never published afterwards—come into the public domain after “life of the author + 70 years or December 31, 2002” (whichever come up later)." J. R. R. Tolkien's generation of family died in the 1960s-1980s; his children's generation is mostly alive or very recently passed away. So under this law, any letters written to Hilary Tolkien by family members of his own generation or younger would be protected from reproduction without permission until no earlier than the 2030s.

The distinction that is commonly made in this area is between published and unpublished material. Published material has less protection, because it has already entered the public realm and so the public has some claim on it to balance the author's. But unpublished material was always meant to be private, and so it is protected for a much longer period.

This is American law, of course, not English. I don't know if the same distinction applies there, although it seems reasonable to suppose it would.



squire online:
RR Discussions: The Valaquenta, A Shortcut to Mushrooms, and Of Herbs and Stewed Rabbit
Lights! Action! Discuss on the Movie board!: 'A Journey in the Dark'. and 'Designing The Two Towers'.
Footeramas: The 3rd (and NOW the 4th too!) TORn Reading Room LotR Discussion; and "Tolkien would have LOVED it!"
squiretalk introduces the J.R.R. Tolkien Encyclopedia: A Reader's Diary


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Subject User Time
New Hilary Tolkien Book Cancelled News from Bree Send a private message to News from Bree Nov 8 2010, 4:43pm
    Anybody here know the back-story on this?// Elizabeth Send a private message to Elizabeth Nov 9 2010, 12:21am
        I don't.... dormouse Send a private message to dormouse Nov 9 2010, 10:24am
            Quite tantalizing...! mae govannen Send a private message to mae govannen Nov 10 2010, 11:23am
        There is a hint squire Send a private message to squire Nov 10 2010, 12:29pm
            That's true... dormouse Send a private message to dormouse Nov 10 2010, 3:12pm
            Felt the same about that hint...// mae govannen Send a private message to mae govannen Nov 11 2010, 6:46am
    Statement of the Tolkien Estate Findegil Send a private message to Findegil Nov 16 2010, 2:39pm
        Thanks for that squire Send a private message to squire Nov 16 2010, 7:10pm
        Thanks, and welcome to TORN. N.E. Brigand Send a private message to N.E. Brigand Nov 16 2010, 8:35pm
        Thank you dormouse Send a private message to dormouse Nov 16 2010, 11:11pm
        Thanks for that information. FarFromHome Send a private message to FarFromHome Nov 17 2010, 10:23am
            Surprised?? Beren Send a private message to Beren Nov 17 2010, 10:40am
            Yes - that's absolutely true dormouse Send a private message to dormouse Nov 17 2010, 12:53pm
                That makes sense. FarFromHome Send a private message to FarFromHome Nov 17 2010, 4:19pm
                "The copyright in unpublished letters is perpetual" visualweasel Send a private message to visualweasel Nov 17 2010, 4:20pm
                    It's arguable... squire Send a private message to squire Nov 17 2010, 6:07pm
                        This is my guess as well visualweasel Send a private message to visualweasel Nov 17 2010, 6:50pm
                    No, it's not a guess dormouse Send a private message to dormouse Nov 17 2010, 6:50pm

 
 
 

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