Film Rights to First & Second Age - The Barrow-Downs Discussion Forum

William Cloud Hicklin · 12-20-2007, 04:41 PM

Procedural advantages are not the same as asserting that copyright doesn't exist pre-registration!

Perhaps you're confusing property with the value thereof. A copyright is property. Its monetary value may be enhanced by many things, including registration. That doesn't in any way alter the basic fact of ownership.

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You seem to be making a similar mistake in your 'diminished value' argument. Again, you've bypassed my essential point: As holder of the primary copyright, the Tolkien Estate is under *no* obligation to take cognizance of any 'dimunition of value' in derivative rights. Zaentz owns exactly what he always did. If it has fallen in value: tough.

Why therefore should the Estate 'settle' or 'negotiate' anything. They owe Zaentz *nothing*. He got what he paid for. Its subsequent vicissitudess in market value are his problem, not the Estate's.

12-20-2007, 04:41 PM	#11
William Cloud Hicklin Loremaster of Annúminas Join Date: Oct 2006 Posts: 2,330	Procedural advantages are not the same as asserting that copyright doesn't exist pre-registration! Perhaps you're confusing property with the value thereof. A copyright is property. Its monetary value may be enhanced by many things, including registration. That doesn't in any way alter the basic fact of ownership. *********************************** You seem to be making a similar mistake in your 'diminished value' argument. Again, you've bypassed my essential point: As holder of the primary copyright, the Tolkien Estate is under no obligation to take cognizance of any 'dimunition of value' in derivative rights. Zaentz owns exactly what he always did. If it has fallen in value: tough. Why therefore should the Estate 'settle' or 'negotiate' anything. They owe Zaentz nothing. He got what he paid for. Its subsequent vicissitudess in market value are his problem, not the Estate's. __________________ The entire plot of The Lord of the Rings could be said to turn on what Sauron didn’t know, and when he didn’t know it.