The Tolkien license – exploring where the Tolkien Estate, Middle-earth Enterprises, games, television, films, Tolkien-based societies/groups and other things fit in.

The Tolkien license – exploring where the Tolkien Estate, Middle-earth Enterprises, games, television, films, Tolkien-based societies/groups and other things fit in.

[Writer note: This was originally posted as a Twitter thread in response to a continued misinformation campaign against the Tolkien Society, the Amazon TV series and other licensing issues such as confusion over games set in Middle-earth. The original Twitter thread can be found here: https://twitter.com/timboltonuk/status/1411671574378336261. Please note the information here has been cleaned up and updated with new information just revealed about the Amazon TV series access to material.]

There is confusion and sometimes maliciously intentional misinformation regarding the various entities involved with Tolkien. I am hoping this blog post will clarify some details. I'll follow a chronological order as much as I can.

The first entity is the Tolkien Estate. This is Tolkien's family. Christopher was head of the Estate, he stepped down from that position just before we sadly lost him. They own the book rights and anything else, except those stated below.

• Tolkien Estate
  Website: https://www.tolkienestate.com/en/home.html  

I'll talk more about the Estate after I introduce two more entities, both appearing in 1969.

In 1969 Tolkien sold the film rights, along with merchandising and some other rights to United Artists. Most of those rights were then sold on to another company. More on that below.

The other entity that appeared in 1969 was the Tolkien Society, initially a UK based group formed with the blessing of JRR Tolkien to promote the reading of his books. Over 50 years later, the Society has grown.

It is a registered charity with the UK Government, with a mission to educate and promote Tolkien and his works. They host seminars, the Tolkien Toast and Tolkien Reading Day. Their income is on public record (as a charity). They receive no money from Amazon.

• Tolkien Society
  Website: https://www.tolkiensociety.org/  

In 1976 Saul Zaentz Company acquires the film and merchandising rights from United Artists. S-Z later becomes Tolkien Enterprises and even later, Middle-earth Enterprises.

• Middle-earth Enterprises
  Website: https://www.middleearth.com/home.html

This is key - all the films, games and everything outside of the books (and TV) comes from Middle-earth Enterprise. They own the licensing. You can see who the current licensees are here: 

• https://www.middleearth.com/current-licensees.html  

It was when we heard Christopher was stepping down that the Tolkien Estate announced they were working with Amazon to make a TV show based on LOTR. We now know it's set in the 2nd Age.

Until recently, the following was also understood or believed – that the TV show cannot use any books produced after Tolkien died. That includes the Silmarillon and Unfinished Tales. It was previously understood no one can adapt them currently.  That was the explicit wish of Christopher Tolkien - only the Hobbit and LOTR are open to use. The Tolkien Estate/Amazon TV show will be 2nd Age because of the license restrictions.

However, recent information from TheOneRing.net states that the Amazon TV series, through the Tolkien Estate, has some rights to The Silmarillion and The Unfinished Tales. We don’t know the exact details but it looks like it is related to written material about the 2nd Age (Numenor etc).

• Source: https://www.theonering.net/torwp/2021/07/20/110907-spy-report-incredible-details-from-amazons-lord-of-the-rings-characters-sexless-nudity-halflings/

And further to this, the Amazon TV series have just released the first official picture from their show and it has been, quite frankly sensational and revelatory – a person unknown looks towards an unnamed city and in the background is a bright light.

Below is what I would consider a spoiler if you have not read either the Silmarillion or the Unfinished Tales. I've used white text to hide the spoiler, so you'll have to select the relevant text with your mouse by dragging between the two spoiler tags. 

>>Spoiler Alert for the Silmarillion/Unfinished Tales <<

If you zoom into that bright light, the branches and trunks of two massive trees (one dark, one white) are clearly visible – this has to be Valinor and the trees being Telperion and Laurelin, As they are clearly not withered this has to be before the Darkening of Valinor.

• Two Trees of Valinor information: http://tolkiengateway.net/wiki/Two_Trees_of_Valinor
• Darkening of Valinor information: http://tolkiengateway.net/wiki/Darkening_of_Valinor

>>End of spoiler<<

From the evidence above, the Amazon TV series has access to material that previously the Tolkien Estate refused to give. This is wonderful news for future projects.

But the Amazon TV series still has hurdles to get over. They need to keep clear of copying the films, because that is under Warner Brothers via Middle-earth Enterprises. Let's be clear, the Estate and M-e E are not fans of each other. There has been litigation in the past.

So, to recap, the Tolkien Society does not have control of the Tolkien books, nor the TV show and does not have a connection to the Amazon TV show.

The Tolkien Society does produce some academic books, including the Proceedings of past seminars and also two journals - Mallorn and Amon Hen.

But a repeated false claim that the Tolkien Society can (and would) shut down or change the content of LOTR/Hobbit (books or films) is plain ridiculous and factually wrong. They are an education and research organisation. They discuss Tolkien.

I think that covers most bases. If you have questions, please ask. I'd rather you have the facts rather than some social media/YouTube twisted version of the reality.