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There's also a doctrine of 'incidental infringement': the classic case is where a news photograper happens to catch a painting or a newspaper in a shop window in the background. Not that these 'scrolls' are exactly the same, since of course they're not accidental, and in theory even making them is an infringement: but they are similar in that hardly anyone would even notice them, even fewer of those could read Tengwar, and the bit of Akallabeth visible is only a fragment any way.
All pretty de damn minimis.
At any rate, the movie tie-in books got permission from the Estate; necessarily so, since Zaentz' rights do not extend to books.
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The entire plot of The Lord of the Rings could be said to turn on what Sauron didn’t know, and when he didn’t know it.
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