The Lord of the Rings is one of the most beloved and influential works of fantasy literature, created by the British author JRR Tolkien. The epic saga of hobbits, elves, dwarves, and wizards has inspired generations of readers, as well as filmmakers, artists, and game developers. But not everyone who tries to use Tolkien’s world and characters has the permission or the approval of his estate, which has been vigilant and litigious in protecting its intellectual property rights.
The Unauthorised Sequel
One of the most recent and egregious cases of copyright infringement involved a US-based writer named Demetrious Polychron, who published and promoted a book titled The Fellowship of the King in 2022. He claimed that his book was “the pitch-perfect sequel to The Lord of the Rings”, and that it was the first of a planned seven-part series inspired by the franchise. He even used a similar font and design for the cover, and copied the map of Middle-earth from Tolkien’s books.
The Tolkien estate and its publisher HarperCollins filed a lawsuit against Polychron in the US District Court, seeking an injunction to stop him from distributing any further copies of his book, or any other derivative work based on Tolkien’s books. They also demanded that he destroy all physical and electronic copies of his book, and pay damages and legal fees.
The Frivolous Counterclaim
Polychron, however, did not back down. Instead, he filed a counterclaim against the Tolkien estate and Amazon in April 2023, alleging that Amazon’s TV series The Rings of Power, which was based on Tolkien’s original story and produced with the estate’s approval, infringed the copyright in his book. He argued that his book was an original work, and that Amazon had copied his plot, characters, and settings.
The court dismissed Polychron’s counterclaim, finding that his book was clearly an infringement of Tolkien’s books, and that he had no basis to sue Amazon or the estate. The judge called Polychron’s claim “unreasonable” and “frivolous”, and noted that his book was “entirely based on characters in The Lord of the Rings”.
The Final Judgment
On 14 December 2023, the court issued its final judgment on the original lawsuit filed by the Tolkien estate. The court granted the estate’s request for a permanent injunction, which prohibited Polychron from ever distributing any further copies of his book, his planned sequels, or any other derivative work based on Tolkien’s books. He was also ordered to destroy all copies of his book, and to file a declaration that he had complied. In addition, the court awarded the estate and Amazon attorney’s fees totalling $134,000, which Polychron had to pay.
The Tolkien estate’s UK solicitor, Steven Maier of Maier Blackburn, commented: “This is an important success for the Tolkien estate, which will not permit unauthorised authors and publishers to monetise JRR Tolkien’s much-loved works in this way. This case involved a serious infringement of The Lord of the Rings copyright, undertaken on a commercial basis, and the estate hopes that the award of a permanent injunction and attorneys’ fees will be sufficient to dissuade others who may have similar intentions.”
The Lord of the Rings is a timeless and priceless treasure of literature, and the Tolkien estate has the right and the duty to preserve and protect it from unauthorised and unworthy exploitation. The case of Polychron and his book is a cautionary tale for anyone who tries to challenge or violate the estate’s authority and integrity. As Gandalf said in The Fellowship of the Ring, “Do not meddle in the affairs of wizards, for they are subtle and quick to anger.”
