Might be useful to note which unauthorised and naughty book we are referring to, the Grotta bio of JRRT or the other one of Hillary.
Presumably, these writers could have their books published if they simply excised forbidden quotes from the original texts and personal letters? In the case of Grotta's bio, it would be selling to geeks like us who would be more than capable of understanding which part of the text a described or paraphrased 'quote' could be found in. If a writer say mentioned: "the part where Frodo finds he is trapped in a Barrow" then I know exactly which bit is meant.
Estates can prevent publication where text is directly quoted by using copyright law, but I don't think they have a leg to stand on if they seek to prevent biographers simply writing about the author.
I can see exactly why Flieger had to get approval for a new edition of one of Tolkien's own texts though. There should be no argument with that.
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Gordon's alive!
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