Tolkien Estate blocks new Tolkien book - The Barrow-Downs Discussion Forum

Bêthberry · 11-08-2010, 04:42 PM

The book is Wheelbarrows At Dawn, by Angie Gardner and Neil Holford, a biography of Hilary Tolkien which discusses the relationship of the two brothers. It was so close to publication that a launch party was planned for December 4th.

But apparently one cannot discuss JRR Tolkien in a book about his brother Hilary.

Publisher's announcement of cancellation of publication

Perhaps soon we will hear that one cannot discuss JRR in a book on C.S. Lewis.

I haven't gone looking for any comments from the Estate.

What this bodes for Tolkien scholarship boggles the mind.

Tuor in Gondolin · 11-08-2010, 04:54 PM

This is bizarre. There must be more to it.
How can anyone ban a biography, especially of
a celebrity...especially a dead celebrity?

Morwen · 11-08-2010, 06:17 PM

The ADC website contains the following info on the book:

Quote:

Wheelbarrows at Dawn: The Memories of Hilary Tolkien
Due to be published Summer 2010

By Angela Gardner & Neil Holford

The biography of Hilary Tolkien, brother to Ronald (JRR Tolkien). Sharing their formative years together and then heading into the trenches of The Great War, the book shows the correspondence between the Tolkien brothers and their wives during the war and since, with family photographs and letters. Though about Hilary, this books also sheds light on and brings new information to the world of JRR Tolkien - including the only known instance of a signed photograph by Ronald, and a recent discovery of an original JRRT drawing

http://www.adcbooks.co.uk/

I'm guessing the Estate may be disputing the right of the authors to use certain biographical info relating to JRR, the photos, letters etc.

davem · 11-09-2010, 12:51 AM

My first thoughts on reading this were that it was a copyright matter - any letters/docs/personal photos from JRRT are copyright JRRT & his Estate. The Estate may simply being a bit precious. What I find curious is that the author has worked with Hilary Tolkien's family on this book, & from what I know of Angela Gardener via the Tolkien Society & buying books from Daeron's Books, I know it would have been an entirely respectful work, so I'm not sure what the Estate's objection could be, other than 'This our stuff & you can't use it!'

However, reading between the lines of the publisher's statement:

Quote:

Despite many revisions and changes made at the insistence of The Tolkien Estate it appears that The Tolkien Estate will seek to take court action to prevent the release of this book regardless. Everyone involved in the publication has worked hard to meet the requests of The Tolkien Estate time and time again, however it would be misleading to release a Biography on Hilary Tolkien without proper reference to his close relationship with his brother.

it seems a bit more complex - the issue seems to be not so much about the use of the photos/pix/letters referred to in the blurb, but about the book's making 'proper reference to his close relationship with his brother'.

Which seems a bit much - stopping a book going ahead because it touched on the relationship between Tolkien & his brother from Hilary's perspective. I don't know if any more info will be released on the exact issues but I don't think we'll ever see the book in print now - after the Estate's recent victory over New Line they have a VERY lot of money for lawyers.....

elronds_daughter · 11-09-2010, 09:40 AM

That's just tragic. I would've much liked to see JRR a bit through the eyes of his family. (And also know more about his family.) Why must the Estate be so possessive?

Ibrîniðilpathânezel · 11-09-2010, 10:22 AM

As I haven't read the manuscript, it's hard to say precisely why the estate would block it, but I can see one legitimate reason. The book may be ostensibly about Hillary, but if it was overly emphasizing his relationship with JRRT, it could be argued by the estate that the author or publisher was using that connection as a sales hook, possibly to the point that the book was really indirect memoirs of JRRT more than a biography of the life of Hillary himself. Why, for instance, make a point of mentioning things like the autographed photo of JRRT? It would interest his fans and encourage them to buy a book they might otherwise not purchase. The estate's complaint may be one of misrepresentation, and is possibly legitimate. One would have to read the manuscript in order to know the truth, and as the public cannot make that judgment for itself at this time, the media can put whatever spin they like on the actions of the estate.

PrinceOfTheHalflings · 11-13-2010, 08:57 PM

Quote:

Originally Posted by davem

My first thoughts on reading this were that it was a copyright matter - any letters/docs/personal photos from JRRT are copyright JRRT & his Estate. The Estate may simply being a bit precious. What I find curious is that the author has worked with Hilary Tolkien's family on this book, & from what I know of Angela Gardener via the Tolkien Society & buying books from Daeron's Books, I know it would have been an entirely respectful work, so I'm not sure what the Estate's objection could be, other than 'This our stuff & you can't use it!'

However, reading between the lines of the publisher's statement:

it seems a bit more complex - the issue seems to be not so much about the use of the photos/pix/letters referred to in the blurb, but about the book's making 'proper reference to his close relationship with his brother'.

Which seems a bit much - stopping a book going ahead because it touched on the relationship between Tolkien & his brother from Hilary's perspective. I don't know if any more info will be released on the exact issues but I don't think we'll ever see the book in print now - after the Estate's recent victory over New Line they have a VERY lot of money for lawyers.....

It might be that the book can't make 'proper reference to his close relationship with his brother' without using letters and other personal documents.

What the Estate can't do is simply block bios of members of the Tolkien family - it doesn't matter how many fancy lawyers you have if your case has no legal substance - sure, the Estate can issue injunctions against books they don't like, but there are loads of Tolkien related books being published every year, so it's not like they block everything.

I'm puzzling over the argument that the book was a "misrepresentation". Normally, if the book represents "false claims" or "false advertising" (eg, a book about JRRT masquerading as being about Hilary) then that would be a matter for the UK Advertising Standards Authority and also perhaps the Office of Fair Trading. There is certainly no obvious basis for a civil lawsuit - unless the authors of the book signed a contract with the Estate regarding the use of certain materials owned by the Estate. The Estate may be complaining that they were deceived as to the nature of the book when they (the Estate) agreed to the use of those materials. In fact, that's the only explanation that makes sense to me.

Calcifer · 11-16-2010, 07:25 AM

As authors who have worked with the Tolkien Estate in producing books containing copyrighted material, and are known to contribute to Tolkien fan forums, we have been asked to forward the following official statement:

Statement of the Tolkien Estate - Wheelbarrows at Dawn

The J R R Tolkien Estate has been made aware of a statement by ADC Publications concerning its cancellation of its proposed publication Wheelbarrows at Dawn by Angela Gardner and Neil Holford.

ADC's statement suggests that the publication has been cancelled as a result of the Tolkien Estate's threats to take court action preventing the release of the book.

As this statement is highly misleading, the Tolkien Estate considers it important that the true facts be clarified for those concerned.

The book in question was presented by ADC as a biography of J R R Tolkien's brother Hilary. However, the publication included numerous personal letters from J R R Tolkien to his brother and from other family members that were reproduced virtually verbatim.

The copyright in these private, unpublished letters belongs to the Tolkien Estate. As the guardian of these rights and of the privacy of the Tolkien family, both of which it takes great care to protect, the Estate quite properly declined permission for the letters to be reproduced in this way.

However, the Estate made clear to ADC that it had no issue with the publication of the book providing the material in question - affecting only 20 pages out of a total of some 300 - was removed.

Although ADC's response was to agree to this, what it then did in practice was to paraphrase the letters, something that had been made clear from the outset would not resolve the issue.

Despite the Estate's devoting considerable resource to helping ADC, not least by suggesting specific editorial changes which would meet its concerns, ADC then announced the cancellation of the book.

=====

Wayne Hammond & Christina Scull

Angie G · 11-16-2010, 04:49 PM

I would like to say something on this forum about Wheelbarrows at Dawn.

My brief from Chris Tolkien was to "put Hilary Tolkien into the life of his brother in print as he had been in life." In order to do this I was given free access to all the family papers. I was asked to write a book about their lives - both together as a relationship - and in the wider world; setting them in their time and place.

The book was amended by Neil and myself, as requested by the publisher, at the behest of Tolkien Estates, three times. When we got to the point where one of the two brothers was deemed to no longer have a voice, the point of the book became null and void in its current form. This being the case the publisher and Chris Tolkien made the decision to halt publication and take stock.

This is all I wish to say at this time. Thank you for your interest.

Angie

11-08-2010, 04:42 PM	#1
Bêthberry Cryptic Aura Join Date: May 2002 Posts: 5,977	Tolkien Estate blocks new Tolkien book The book is Wheelbarrows At Dawn, by Angie Gardner and Neil Holford, a biography of Hilary Tolkien which discusses the relationship of the two brothers. It was so close to publication that a launch party was planned for December 4th. But apparently one cannot discuss JRR Tolkien in a book about his brother Hilary. Publisher's announcement of cancellation of publication Perhaps soon we will hear that one cannot discuss JRR in a book on C.S. Lewis. I haven't gone looking for any comments from the Estate. What this bodes for Tolkien scholarship boggles the mind. __________________ I’ll sing his roots off. I’ll sing a wind up and blow leaf and branch away.

11-08-2010, 04:54 PM	#2
Tuor in Gondolin Ghost Prince of Cardolan Join Date: Sep 2005 Location: Southeast Pennsylvania Posts: 3,651	This is bizarre. There must be more to it. How can anyone ban a biography, especially of a celebrity...especially a dead celebrity? __________________ The poster formerly known as Tuor of Gondolin. Walking To Rivendell and beyond 12,555 miles passed Nt./Day 5: Pass the beacon on Nardol, the 'Fire Hill.'

11-09-2010, 09:40 AM	#5
elronds_daughter Ghost Prince of Cardolan Join Date: May 2004 Location: Between the fortune cookie and the post-its. Posts: 644	That's just tragic. I would've much liked to see JRR a bit through the eyes of his family. (And also know more about his family.) Why must the Estate be so possessive? __________________ I'd like to be the king of all Londinium and wear a shiny hat.

11-09-2010, 10:22 AM	#6
Ibrîniðilpathânezel Ghost Prince of Cardolan Join Date: Jan 2008 Location: Back on the Helcaraxe Posts: 733	As I haven't read the manuscript, it's hard to say precisely why the estate would block it, but I can see one legitimate reason. The book may be ostensibly about Hillary, but if it was overly emphasizing his relationship with JRRT, it could be argued by the estate that the author or publisher was using that connection as a sales hook, possibly to the point that the book was really indirect memoirs of JRRT more than a biography of the life of Hillary himself. Why, for instance, make a point of mentioning things like the autographed photo of JRRT? It would interest his fans and encourage them to buy a book they might otherwise not purchase. The estate's complaint may be one of misrepresentation, and is possibly legitimate. One would have to read the manuscript in order to know the truth, and as the public cannot make that judgment for itself at this time, the media can put whatever spin they like on the actions of the estate. __________________ Call me Ibrin (or Ibri) :) Originality is the one thing that unoriginal minds cannot feel the use of. — John Stewart Mill

11-16-2010, 04:49 PM	#9
Angie G Newly Deceased Join Date: Oct 2010 Location: Middle-England Posts: 3	Wheelbarrows at Dawn I would like to say something on this forum about Wheelbarrows at Dawn. My brief from Chris Tolkien was to "put Hilary Tolkien into the life of his brother in print as he had been in life." In order to do this I was given free access to all the family papers. I was asked to write a book about their lives - both together as a relationship - and in the wider world; setting them in their time and place. The book was amended by Neil and myself, as requested by the publisher, at the behest of Tolkien Estates, three times. When we got to the point where one of the two brothers was deemed to no longer have a voice, the point of the book became null and void in its current form. This being the case the publisher and Chris Tolkien made the decision to halt publication and take stock. This is all I wish to say at this time. Thank you for your interest. Angie

11-16-2010, 07:25 AM	#8
Calcifer Newly Deceased Join Date: Nov 2010 Posts: 2	As authors who have worked with the Tolkien Estate in producing books containing copyrighted material, and are known to contribute to Tolkien fan forums, we have been asked to forward the following official statement: Statement of the Tolkien Estate - Wheelbarrows at Dawn The J R R Tolkien Estate has been made aware of a statement by ADC Publications concerning its cancellation of its proposed publication Wheelbarrows at Dawn by Angela Gardner and Neil Holford. ADC's statement suggests that the publication has been cancelled as a result of the Tolkien Estate's threats to take court action preventing the release of the book. As this statement is highly misleading, the Tolkien Estate considers it important that the true facts be clarified for those concerned. The book in question was presented by ADC as a biography of J R R Tolkien's brother Hilary. However, the publication included numerous personal letters from J R R Tolkien to his brother and from other family members that were reproduced virtually verbatim. The copyright in these private, unpublished letters belongs to the Tolkien Estate. As the guardian of these rights and of the privacy of the Tolkien family, both of which it takes great care to protect, the Estate quite properly declined permission for the letters to be reproduced in this way. However, the Estate made clear to ADC that it had no issue with the publication of the book providing the material in question - affecting only 20 pages out of a total of some 300 - was removed. Although ADC's response was to agree to this, what it then did in practice was to paraphrase the letters, something that had been made clear from the outset would not resolve the issue. Despite the Estate's devoting considerable resource to helping ADC, not least by suggesting specific editorial changes which would meet its concerns, ADC then announced the cancellation of the book. ===== Wayne Hammond & Christina Scull