Nerwen
It seems to me that the actual truth is somewhere in the middle. WCH claimed that there was absolutely no difference between the home created copyright when the work was created and a legally registered copyright. The link you provided explains several differences that I have repeatedly pointed to. Those include additional damages, repayment of attorney fees and the ability to introduce the filing as evidence thereby saving lots of other work.
Mr. Hicklin was wrong in claiming that there was no difference. Then he attempted to mitigate or soften his claim calling those differences (which previously DID NOT EXIST in his opinion) procedural. I also was wrong about some things. The truth lies somewhere in between.
Originally Posted by Sauron the White
I never ever ever claimed that the Tolkien Estate or CT did not have the right to have the SIL published as a book. Never.
from Nerwen
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Actually, I believe you are claiming that, if you think the film rights holders can sue Tolkien Estate for damages caused by publishing The Silmarillion. Isn't that the cornerstone of your argument?
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Its a free country so you can believe anything you darn well please. That changes nothing I said. Believe away. Please show me where I said the film rights holders can sue the Tolkien Estate for damages caused by publishing THE SIL. Please show me. I never said it. Some type of action may have come up in the discussion in passing over the last three pages but that was never my point. And if I never said it it cannot be the cornerstone of my argument. This is not about litigation or lawsuits.
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What you have proved, if anything, is that no film company has ever tried to sue an author for publishing a sequel (or prequel) to his own novel. I don't know if this is so– but if it is– well, why do you think?
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I have no idea of what you are saying here or what your point is because you are completly missing my point. I am not saying and have never said that no author cannot write a prequel to an existing story or a sequel to an existing story. If I did please show me where I said it. I have never talked about suing an author for doing that. If I did please show me where I did.
My point and my question was this: can anyone please show me evidence of another case where an author sold a piece of his work to a film company and then used that exact same work in an expanded form to cause diminshment of the original film holders rights?
I spent a couple of hours researching this yesterday and could find no other case.