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Are you suggesting that lawyers for Tolkien Estate might claim anything which is treated in both The Lord of the Rings and The Silmarillion violates the copyright on the latter? I don't think they'd get very far.
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Of course not. If it's in the Appendices, they've got it (presumably- there might be an exemption clause in the contract, but we can't know that). The issue is the rather astonishing claim that all the First and Second age material Tolkien ever wrote is somehow 'incorporated by reference' into the Appendices.