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LEGAL COPYRIGHT EXPIRES FOR LORD OF THE RINGS BOOKS BUT ONLY IN NEW ZEALAND,
LAWYER SAYS

 * 04/01/2024
 * Finn Hogan

This week saw copyright expire on early versions of iconic characters, like
Mickey Mouse and Tigger. 

January 1 was 'Public Domain Day', when icons like Mickey lost their copyright
protection, allowing horror-themed knockoffs to enter production. 

And according to one legal expert, arguably the greatest fantasy story ever told
has now joined those two characters in the public domain - but only in New
Zealand. 



Lord of the Rings' iconic cast of characters is about to lose the same
protection, Arran Hunt, a partner at the legal firm McVeagh Fleming, told
Newshub.



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"Tolkien passed away in 1973, which means its 50 calendar years since the death
which would have been the end of 2023. So [on] 1 January 2024, Tolkien's work
entered the public domain," Hunt said. 

That means Sir Peter Jackson, the Lord of Tolkien movies, could soon be joined
by other Kiwi creatives. 

The big difference is that their versions will only be able to be made and
distributed in Aotearoa, as Tolkien's work is still covered by copyright in
other countries. 

"It means the original text is now free to use for anyone in New Zealand how
they see fit. It doesn't mean you have a carte blanche right to use all of his
characters in any way you want to, because there are still trademarks that may
be factors," Hunt explained. 


"But the wording itself, the characters he created, and the environment he made
are free to use." 




However, before you make your own movie, only the original book would be covered
by public domain - not the films or TV show. 

"People will want to be very cautious with how they use it. They don't want to
be seen as emulating or passing off the companies that made the movies or the TV
series," Hunt told Newshub. 

"Be very, very careful, go see a good lawyer. Definitely don't pick fights with
Amazon." 


Arran Hunt, partner at law firm McVeagh Fleming, says the Lord of the Rings'
copright expired since it's been 50 calendar years since Tolkien died. Photo
credit: Newshub.

Rob Garrett, acting manager at the Intellectual Property Office (IPONZ), noted
that just because a copyright expires, it doesn't mean the work will enter the
public domain. 

"Copyright for different types of 'works' last for different lengths of time,"
he told Newshub. "Literary, dramatic, musical or artistic works copyright
protection lasts for 50 years after the author dies, even if the copyright is no
longer owned by the author. 

"However, if a literary work has been republished then the new publisher will
own copyright over the typographical layout of that edition (even though the
content may be reproduced). 



"It is also important to note that the copyright work may be the subject of a
licence agreement, or some other commercial agreement and those agreements may
be a barrier to the work entering the public domain. 

"We confirm that copyright protection will extend to 70 years once Free Trade
Agreements are ratified and brought into force.  

"The expiration of Copyright protection does not automatically mean that a work
has entered the public domain." 

Garrett suggested checking whether the work has indeed been republished. 

"We advise you to contact those dealing with the late author's estate to
establish what copyright or other legal protections may be in place." 

Film critic Jordan Tini believes certain parts of the country could now go full
hobbit. 



"Having that kind of copyright law support us within that public domain space
would be a win, and I wouldn't be surprised if Matamata just fully rebrands
itself to Hobbitville," Tini told Newshub. 

So at least here at home, there might no longer be one version of Lord of the
Rings to rule them all.

Contact Newshub with your story tips:
news@newshub.co.nz
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