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Hmm then maybe it is a question of exploitation of the copyrighted material? Intellectual property may not be tangible but it doesn't mean it is a free for all and that makes the fact that the family has used it irrelevant. If you run a bed and breakfast are you supposed to tolerate squatters? If I gave someone a bag of my secret recipe fudge as a gift I would be pretty narked if they copied it and marketed it for their own benefit.
Catherine Zeta Jones' Hello v Okay law suit established rights to privacy I think even when in that case photo rights had been sold.
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“But Finrod walks with Finarfin his father beneath the trees in Eldamar.”
Christopher Tolkien, Requiescat in pace
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