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Worse, is writing an imitation any different from fanfic or RPGs?
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This is not my opinion about imitiations such as Shannara but I suspect that the reason so many Tolkien fans are upset with the Shannara series is because the author is getting payed for it. We don't....alas. *cough*
My own thoughts are these: though the Shannara series are definitely Tolkien-esque, they were (I should say "it was" since I didn't finish reading the first book) definitely more....creepy, than LotR. That is the reason I put it down....actually. (I was young!)
As for imitation in general -- there are poets around who imitate other poets
in homage...and, to me, there is nothing wrong with that as others have more than likely pointed out before me.
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And the elves were similar as well... not only did they have the same characteristics, and live in a place almost identical to Lothlorien, but the four kindreds were NAMED IN TOLKIEN'S ELVISH: Eledhel (Star Elves), Moredhel (Dark elves), Glamredhel (Mad? Elves) and the Eldar.
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I think that one of the things we have to remember is that Tolkien wrote his books as a myth. As such, they are turning into myth. Which means, I believe, you have free liscense to build off those myths, just like C.S Lewis "stole" the classic myth of Cupid and Psyche for his book
Till We Have Faces.
Building off the foundations we are...yes....
Tolkien himself took a lot from Beowulf, etc.