Film Rights to First & Second Age

[davem]

Originally Posted by Sauron the White

from davem
Yes, I understand that is the popular and conventional wisdom. And it is close what I believed for a long time now. However, why could it not be said, as part of a legal argument, that Christopher Tolkiens efforts to publish and copyright THE SILMARALLION had the effect of diminishing or restricting the rights that his father had already sold?

If it wasn't for Christopher the Silmarillion would be nothing more than a collection of mouldering papers. And in his will Tolkien left CT absolute control over all his unpublished writings. That CT took those writings & produced something that did not exist up to that point (ie The Silmarillion in a publishable form) gives him absolute legal right over it.

Or could you suggest how New Line, Jackson or Zaentz could have used that material before it was brought together by CT, when according to Tolkien's will no-one but CT had any right to it?