Tolkien estate trying to prevent publication of novel starring fictionalized Tolkien

© Haywood Magee/Picture Post/Getty Images

Authors would know better than to write any fiction using any of the characters from one of Tolkien's novels, but what about a novel that introduces a fictionalized Tolkien?

According to Blastr, Author Stephen Hilliard did just that in his novel, Mirkwood, which  takes place from 1970 through the near present and features six characters- five fictional ones plus Tolkien himself".

Amazon calls it a "wildly original debut".  The plot seems to revolve around Tolkien as he visits America and somehow "sets in motion" elvish powers that have been embodied in some long lost documents. In this revisionist world, "destinies are altered, legends become real, and two heroines must race for their lives in vastly different worlds" (Amazon).

The Tolkien Estate has threatened a lawsuit if Hilliard doesn't stop his publication proceedings (talk about resorting to threat tactics?!).  In response, Hilliard has filed a lawsuit, claiming his First Amendment Rights to publication and who could blame him?!  It's not like this is the first time something like this has been attempted.  Copyright laws protect derivative works from being published, but this seems to be a truly original idea that just happens to involve Tolkien himself.  I would venture to guess the only derivative is his likeness (and even that is minimal, as he is fictionalized).  I really don't think The Tolkien Estate has a case here.  What do you think?

Blastr has the full complaint that you can read, here:

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[Source:  Blastr]
Topics:  news, book