[Sauron the White]

It is going to take time to go through the responses... so one at a time, starting from the latest and working back.

from Morwen

You agree that Zaentz has the same rights now that he always had. You have not put forward any evidence to suggest that Christopher Tolkien by publishing the Silmarillion was engaged in a malicious act to try and reduce the value of those rights.

I never said that CT did anything malicious or illegal or with an intent to do any harm or damage. Just the opposite. I stated that I was glad he collected the papers into THE SILMARALLION and glad it was published. However, even in the free exercise of ones rights, there can be unforeseen consequences that damage others. That is what we have here. Zaentz may indeed have on paper the same rights that he always had - BUT - and its one huge BUT - the value of some of it - the sections describing the events of The Silmarallion in the Appendicies - have been diminished. It is now going to be nearly impossible for him or anyone else to exercise those rights and make a movie of those events without holding themselves up to ridicule when that work is compared to the 1977 SILMARALLION book. UA, and then in turn Zaentz, purchased something and then saw part of its value rendered either less or worth nothing altogether since it is nearly impossible to realize it.

That is the point.
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WCH on Saul Zaentz and ethics

"Ethics" and "Saul Zaentz" I never thought to see in the same sentence.....

So the good luck of Zaentz in a business investment causes you to create a new standard of ethics which then applies to ..... what exactly? Or are you saying that because Zaentz hit the lottery with LOTR than he deserves to receive less than he is entitled to otherwise and thats just karma? I did not realize that there was a legal limit on return on ones investment.

and more from WCH --

And you want to complain it's 'unethical' for the author and his family to publish the work he spent sixty years creating, just because Zaentz bought film rights to a footnote????

Just like the discussion of yesterday where you misstated and exaggerated my opinion for heavens only knows what purpose, you do it again today. In its entirety, here is what I said about etchics:

Is that ethical for the Estate, or anyone for that matter to engage in a business practice that has that effect without some degree of working things out with the person who held those rights before they were diminished?

My point was short and clear. Since the publication causes the rights of Zaentz to be diminished or practically unusable, then it would a good thing to work things out between the seller and holder. I did not, do not and will not criticize CT or the Estate for causing to have published THE SIL. I am very glad that happened. CT had a perfect right to do that. However, there were some unforeseen consequences which caused previous rights holders to see their rights now in a diminished capacity. My criticism was not for the publication but for the failure to work something out in restoring to whole what was previously sold and now devalued.
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from Mithalwen

I would want to be very sure that the apendices were part of the rights deals before coughing up cash for a fim. I think there is a good chance they would not be included since they are appendices to the LOTR not an actual part of LOTR but I don't have the contract and I am not an IP lawyer.

We all seem to be in the same boat since none of us have those contrcts spelling out those rights. However, I do not see how you can feel there is a good chance that the Appendicies are not included in those rights when there has been very open discusssion from the rights holders that they are going to use material from those very same Appendicies to form much of the second upcoming film. I would have to believe that you do not go around making statements of intent like that without a firm knowledge of what your rights are.

UA purchased the film rights to both HOBBIT and LOTR in 1969. The Appendicies are part of LOTR and always have been going back to the First Editions. I would think, that in a discussion such as this, the responsibility to show that they are NOT part of what normally they would be a part of is on you. The exception to the rule needs far more defense of worth than the normal practice does.
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from davem

CT edited together The Sil for publication because he wanted to make that material available to readers, & I daresay that thoughts that it might cause a problem for Saul Zaentz never crossed his mind.

I agree with you on that. I am sure that CT never intended or wanted to hurt anyone.

You seem to have left the 'legal' question behind & are now arguing 'ethics' & asking for sympathy for poor Mr Zaentz - the man who is ultimately responsible for inflicting the Bakshi, Rankin-Bass & Jackson farragoes on us??

That involves a qualititave judgement on your part which some may agree with and others would not since it combines Zaentz with the work of those who he licensed to make films. I, for one, do not think it is fair or responsible to lump the work of Jackson in with that of the other two. But like yours, thats only my opinion and means little to nothing.

My point has been made over and over again. The publishing of the book length SIL has rendered the film rights to material found in the Appendicies - sold free and clear by JRRT - top be diminished in value if not in fact impossible to realize. This has created an area of overlapping rights to many of the events in the Silmarallion and should be worked out between the two parties.

more to come later when I read other responses