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{{Short description|Legal body managing estate of J.R.R Tolkien}}
{{for|the trade name of the corporate entity that holds ''The Hobbit'' and ''The Lord of the Rings'' film, stage and merchandising rights|Middle-earth Enterprises}}
[[Image:JRRT logo.svg|thumb|alt= The trademark of the Tolkien Estate, a symbol made by overlapping the initials J.R.R.T. |upright|Tolkien Estate trademark]]
The '''Tolkien Estate''' is the legal body which manages the property of the English writer [[J. R. R. Tolkien]], including the copyright for most of his works. The individual copyrights have for the most part been assigned by the [[Estate (law)|estate]] to subsidiary entities such as the J. R. R. Tolkien Discretionary Settlement and the [[The Tolkien Trust|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]] until August 2017 and his wife [[Tolkien family#Baillie Tolkien|Baillie Tolkien]], and J. R. R. Tolkien's grandson [[Tolkien family#Michael George R. Tolkien|Michael George Tolkien]]. The executors of the estate were Christopher Tolkien (died 16 January 2020<ref>{{Cite news|url=https://www.bbc.com/news/uk-england-oxfordshire-51143879|title='Middle-earth scholar' Christopher Tolkien dies|date=2020-01-16|access-date=2020-01-18|language=en-GB}}</ref>), who was sole literary executor, and (succeeding J.R.R. Tolkien's lawyer Frank Williamson) Cathleen Blackburn of Maier Blackburn,<ref>{{cite web|url=http://www.maierblackburn.com/cathleen_blackburn.html|title=cathleen blackburn|work=maier blackburn|accessdate=31 October 2012}}</ref> who has been the estate's solicitor for many years.

== 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]] including ''[[The Hobbit]]'' and ''[[The Lord of the Rings]]'' were sold by Tolkien himself to [[United Artists]] in 1969, reportedly for a small amount,<ref name="Times1">"[https://www.thetimes.com/travel/destinations/north-america-travel/us-travel/california/focus-tolkien-sold-film-rights-to-lord-of-the-rings-to-avoid-taxman-ttwv6qh3rlv Focus: Tolkien sold film rights to Lord of the Rings to avoid taxman]". ''[[The Times]]'', 15 December 2002 (retrieved 2018-05-23).</ref><ref>"[https://www.standard.co.uk/news/tolkien-sold-film-rights-for-10000-6335205.html Tolkien sold film rights for £10,000]". ''[[Evening Standard]]'', 13 April 2012 (retrieved 2022-09-14).</ref> and are currently owned by [[Middle-earth Enterprises]] (formerly Tolkien Enterprises), inc., an [[Embracer Group]] subdivision,<ref>{{cite web |url=http://www.middleearth.com |title = Middle-earth Enterprises - ENTER SITE}}</ref> although some rights were retained such as television series of eight or more episodes.<ref>{{Cite web |last=Yossman |first=K. J. |date=2023-12-18 |title='Lord of the Rings': Amazon and Tolkien Estate Win Copyright Lawsuit Over TV Show, Copycat Book |url=https://variety.com/2023/tv/global/lord-of-the-rings-amazon-tolkien-estate-copyright-lawsuit-1235843726/ |access-date=2024-10-16 |website=[[Variety (magazine)|Variety]]}}</ref>

== Legal issues ==
=== Film royalties ===
In February 2008, [[the Tolkien Trust]] sued [[New Line Cinema]], the studio behind the [[The Lord of the Rings (film series)|''Lord of the Rings'' trilogy]], for £75 million claiming they had not received "even one penny" from the films.<ref>"[https://web.archive.org/web/20080521032738/http://www.telegraph.co.uk/news/worldnews/1578442/JRR-Tolkien%27s-estate-to-sue-Lord-of-the-Rings-filmmakers-New-Line-Cinema-over-profits.html JRR Tolkien's estate to sue Lord of the Rings filmmakers New Line Cinema over profits]". ''[[The Daily Telegraph|The Telegraph]]'', 17 February 2008.</ref> A request for punitive damages was denied in September.<ref>{{cite news|title=No punitive damages in Rings case |url=https://news.bbc.co.uk/2/hi/entertainment/7637693.stm |work=[[BBC News]] |date=26 September 2008}}</ref> The case was resolved out of court the following year on September 8, with the terms not made public.

In a [[press release]], 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''".<ref>{{cite web |last1=Miller |first1=Ross |title=Great News For The Hobbit: LOTR Lawsuit Finally Settled |url=https://screenrant.com/the-hobbit-lord-of-the-rings-lawsuit-settled-ross-24883/ |website=[[Screen Rant]] |date=9 September 2009}}</ref><ref>{{cite web | url=https://www.theguardian.com/books/2009/sep/09/hobbit-lawsuit-film-tolkein | title=Tolkien estate gives go-ahead for Hobbit films &#124; JRR Tolkien &#124; The Guardian}}</ref>

=== Gambling devices ===
In November 2012 in the [[United States District Court for the Central District of California]], Fourth Age Limited (later Tolkien Estate, Ltd)<ref>{{cite web |title=Making Sense of the latest Tolkien Lawsuit|url=http://www.theonering.net/torwp/2013/07/16/75725-making-sense-of-the-latest-tolkien-lawsuit/ |website=The One Ring |access-date=19 January 2022 |date=17 July 2013}}</ref> and other plaintiffs sued several [[Warner Bros.]] affiliates alleging [[copyright infringement]], [[breach of contract]], and seeking [[Declaratory judgment|declaratory relief]], arguing that the defendants exceeded the scope of their rights.<ref name="scribd.com">https://www.scribd.com/document/153237062/Tolkien-Order - Fourth Age Limited et al. v. Warner Bros. Digital Distribution Inc et al.</ref>

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".<ref>{{cite news |url=https://www.theguardian.com/books/2012/nov/20/tolkien-estate-sues-hobbit-producers |title=Tolkien estate sues Hobbit producers over video and gambling games |work=[[The Guardian]] |date=20 November 2012}}</ref> Tolkien's estate claimed that the defendants actions had caused "irreparable harm to Tolkien's legacy".

In March 2013, the Saul Zaentz Co. (doing business as [[Middle-earth Enterprises]]), the rightsholder for the ''Lord of the Rings'' and ''Hobbit'' properties, filed an amended counterclaim against Fourth Age for declaratory relief, breach of the [[Good faith (law)|implied covenant of good faith and fair dealing]], and ''[[quantum meruit]]''. The Warner Parties filed an amended counterclaim against Fourth Age for breach of contract and declaratory relief.<ref name="scribd.com"/><ref>https://www.scribd.com/document/123187959/Rings-counterclaims - Case 2:12-cv-09912-ABC-SH Document 21 Filed 01/18/13</ref>

The Tolkien Estate et al. attempted to block these countersuits under California's anti-[[Strategic lawsuit against public participation|SLAPP]] statute, claiming that Warner Brothers was interfering with their right to petition under the [[First Amendment to the United States Constitution|First Amendment to the US Constitution]]. On 11 July 2013, US District Judge [[Audrey B. Collins|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 [[United States Court of Appeals for the Ninth Circuit|Court of Appeals for the Ninth Circuit]] upheld that ruling.<ref>{{cite web |last1=Gardner |first1=Eriq |title=Warner Bros. Can Sue Tolkien Estate For Breaching 'Hobbit' Contract |url=https://www.hollywoodreporter.com/business/business-news/warner-bros-can-sue-tolkien-835296/ |website=[[The Hollywood Reporter]] |access-date=19 January 2022 |date=28 October 2015}}</ref> The lawsuit was confidentially settled in July 2017.<ref>{{cite web |title=J.R.R. Tolkien's estate and Warner Bros settle Hobbit and Lord of the Rings lawsuit |url=https://www.telegraph.co.uk/books/what-to-read/jrr-tolkiens-estate-warner-bros-settle-hobbit-lord-rings-lawsuit/ |website=The Telegraph |access-date=19 January 2022 |date=3 July 2017}}</ref>

===Novel dispute===
In 2011, the book ''Mirkwood: A Novel About JRR Tolkien'' was involved in an [[intellectual property]] controversy.<ref>{{cite web |date=2011-02-26 |title=JRR Tolkien novel Mirkwood in legal battle with author's estate Texas case will contest the right of Tolkien's literary estate to block fictional use of the Lord of the Rings author's name |url=https://www.theguardian.com/books/2011/feb/26/mirkwood-jrr-tolkien-legal-battle |accessdate=2011-03-24 |work=[[The Observer]]}}</ref><ref>{{cite web |date=2011-02-22 |title=Novelist Sues Tolkien's Estate Over Book Featuring 'Hobbit' Author |url=http://www.courthousenews.com/2011/02/22/34331.htm |accessdate=2011-03-24 |work=[[Courthouse News Service|Courthouse News]]}}</ref><ref>{{cite web |date=2011-02-18 |title=JRR Tolkien Estate Threatens Lawsuit Over Book Featuring Tolkien As Character |url=http://www.hollywoodreporter.com/blogs/thr-esq/jrr-tolkien-estate-threatens-lawsuit-101528 |accessdate=2011-03-24 |work=The Hollywood Reporter}}</ref> It was written in 1997 by Steve Hillard, an American [[private equity]] [[Entrepreneurship|entrepreneur]], attorney, [[author]], and [[television producer]]. The dispute involving his book was settled in May 2011.<ref name="HR settlement">{{cite web |date=2011-05-02 |title=JRR Tolkien Estate Settles Dispute Over Novel Featuring Tolkien As Character |url=http://www.hollywoodreporter.com/thr-esq/jrr-tolkien-estate-settles-dispute-184053 |accessdate=2012-12-12 |work=The Hollywood Reporter}}</ref> The [[Settlement (litigation)|settlement]] terms included the [[disclaimer]]: "This is a work of [[fiction]] which is neither endorsed nor connected with The JRR Tolkien Estate or its publisher".<ref name="HR settlement" /> The work of [[Tolkien fan fiction]] has, according to the scholar Una McCormack, garnered more than its share of attention, while large numbers of "excellent" works of fan fiction by women are overlooked.<ref>{{cite book |last=McCormack |first=Una |title=Perilous and Fair: Women in the Works and Life of J. R. R. Tolkien |publisher=[[Mythopoeic Society|Mythopoeic Press]] |year=2015 |isbn=978-1-887726-01-6 |editor-last=Croft |editor-first=Janet Brennan |editor-link=Janet Brennan Croft |pages=309–326 |chapter=Finding Ourselves in the (Un)Mapped Lands |oclc=903655969 |editor2-last=Donovan |editor2-first=Leslie A.}}</ref>

== ''The Lord of the Rings: The Rings of Power'' ==
{{Main|The Lord of the Rings: The Rings of Power}}
In November 2017, [[Amazon (company)|Amazon]] acquired the global television rights to ''The Hobbit'', ''The Lord of the Rings'', and its appendices, found at the end of ''The Return of the King''. Amazon committed to a multi-season television series titled ''[[The Lord of the Rings: The Rings of Power]]''. It features stories that are set in the Second Age.<ref>{{cite web |title=Amazon will run a multi-season Lord of the Rings prequel TV series |publisher=[[Ars Technica]] |date=13 November 2017 |url=https://arstechnica.com/gaming/2017/11/amazon-will-run-a-multi-season-lord-of-the-rings-prequel-tv-series/ |url-status=live |archiveurl=https://web.archive.org/web/20171114012646/https://arstechnica.com/gaming/2017/11/amazon-will-run-a-multi-season-lord-of-the-rings-prequel-tv-series/ |archivedate=14 November 2017}}</ref> Amazon said the deal included potential for spin-off series as well.<ref>{{cite web |title=Amazon announces 'Lord of the Rings' TV show |publisher=[[CNN]] |date=13 November 2017 |url=http://www.cnn.com/2017/11/13/entertainment/lord-of-the-rings-tv-series-amazon/index.html |url-status=live |archiveurl=https://web.archive.org/web/20171114010406/http://www.cnn.com/2017/11/13/entertainment/lord-of-the-rings-tv-series-amazon/index.html |archivedate=14 November 2017}}</ref> The press release referred to "previously unexplored stories based on J.R.R. Tolkien's original writings". Amazon is the producer in conjunction with the Tolkien Estate and [[The Tolkien Trust]], [[HarperCollins]] and [[New Line Cinema]].<ref>{{Cite news|url=https://www.nytimes.com/2017/11/13/arts/television/lord-of-the-rings-series-amazon.html|title='Lord of the Rings' Series Coming to Amazon|newspaper=[[The New York Times]]|date=13 November 2017|last1=Koblin|first1=John}}</ref>

== Christopher Tolkien's resignation ==
In August 2017, at age 92, Christopher Tolkien resigned as a director of the Tolkien Estate and the Tolkien Trust, while remaining as the literary executor.<ref>{{cite web |title=Christopher Tolkien resigns as Tolkien estate director |publisher=Tolkien Society |date=15 November 2017 |url=https://www.tolkiensociety.org/2017/11/christopher-tolkien-resigns-as-tolkien-estate-director/}}</ref> He died on 16 January 2020 at the age of 95.<ref name="NYT 2020">{{Cite news |url=https://www.nytimes.com/2020/01/16/books/christopher-tolkien-dead.html |title=Christopher Tolkien, Keeper of His Father's Legacy, Dies at 95 |last1=Seelye |first1=Katharine Q. |date=16 January 2020 |work=The New York Times |last2=Yuhas |first2=Alan |issn=0362-4331 |access-date=16 January 2020 |archive-url=https://web.archive.org/web/20200116215455/https://www.nytimes.com/2020/01/16/books/christopher-tolkien-dead.html |archive-date=16 January 2020 |url-status=live}}</ref>

== References ==
{{reflist}}

==External links==
* {{official website}}
* [https://web.archive.org/web/20080323234626/http://news.findlaw.com/nytimes/docs/ent/tlknnewline21108cmp.html Tolkien Trust v. New Line Cinema Corp.]

{{J. R. R. Tolkien}}

{{Use Oxford spelling|date=November 2017}}

[[Category:Intellectual property organizations]]
[[Category:J. R. R. Tolkien]]