Quote:
Originally Posted by Bęthberry
Just a couple of quick replies . . .
Mithalwen, one of the issues concerning this book is that the authors had the permission of the owners of the Letters, so they were not, as you say above, "exploiting resources they had no right to." They believed they had that right. Later, the owners of the copyright denied or withdrew permission. So obviously there are differences amongst the Tolkien heirs about what constitutes privacy and unfortunately this little book got caught.
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I have to disagree with you. I stand by what I said. Ignorance of the law is no defence. That they never had the right to publish or exploit the letters seems clear from Calcifer's post. It isn't a result of a body "Tolkien Heirs" changing their mind and the authors being hapless victims. There are two groups of heirs with different and potentially conflicting rights. Hilary's heirs are the owners of the physical letters. They can sell them, show them to who they like burn them if they want however detrimental that would be to future scholarship. They never had copyright over them and so could not pass it on. However much they believed it it wasn't the case. It isn't an obscure piece of law. If I as a layperson know it then a publisher should. It seems very basic to check these things if their inclusion is vital to the viability of a project.
The estate for what ever reason did not grant permission, that is their right. They are not responsible for third parties wasting their time over a misapprehension.