For those interested in the depiction of JRRT in fiction, this piece is worth a read
http://home.earthlink.net/~dbratman/infiction.html so it can hardly be claimed that we are dealing with something out of the ordinary when we come across a fictional representation of Tolkien. And have a look at this
http://en.wikipedia.org/wiki/List_of_biographical_films - should the inheritors of the Estates of any famous person be able to control/prevent the depiction of of that person in the media?