Should other writers be able to use Tolkien's mythos for their own works?

Question

This is what Tolkien, himself, had to say on the matter: "Once upon a time I had a mind to make a body of more or less connected legend, ranging from the large and cosmogonic to the level of romantic fairy-story - the larger founded on the lesser in contact with the earth, the lesser drawing splendour from the vast backcloths... I would draw some of the great tales in fullness, and leave many only placed in the scheme, and sketched. The cycles should be linked to a majestic whole, and yet leave scope for other minds and hands, wielding paint and music and drama." - J.R.R. Tolkien

Answer 1

Of course they should be able to, many people already do so. I'm just not sure if Legolas/Gimli is the kind of "fairy story" he was talking about here.

Answer 2

Well, if the man himself said so, why not? An author should try to be as original as possible though, so that the work would be an individual addition to the mythos. If someone just copies the style, it would just be a pastiche, or worse, fan fiction.

This is a great quote, by the way. I've heard things about a possible LOTR musical, which of course makes the geek contingent whine. If Tolkien himself said others should use "paint, music, and drama", it should be done. I think old Beran would have loved to see all the interest in his works.

Answer 3

No matter what he said, copyright law (http://en.wikipedia.org/wiki/Copyright) is unfortunately clear on the matter. Current copyright law is incredibly restrictive. Some authors and artists who want to share their work are getting around that by releasing their work under a creative commons (http://creativecommons.org/) or copyleft (http://www.gnu.org/copyleft/) license. But his works will enter the public domain either 70 or 90 years after his death, I believe (unless Congress extends the length of copyright yet again) and at that point people can use his mythos for whatever they want. Until then, his estate can choose to prosecute anyone who does so without explicit written permission.

Which is why current copyright law really needs to be revised IMO.

Answer 4

Anthony Bourdain once said, "Every time you pick up a spoon, you are already in debt to French cuisine". In the same way, anyone who picks up a pen to write about a sword, an elf, or a mountain is already in debt to Tolkien. The point is not to make it too obvious. I mean we can't plagiarize anything - that is his world, he made it, and no-one else can use it. Of course we are in his debt, but if we don't use our own imaginations, then it's laziness and readers won't put up with it.

Answer 5

Tolkein didn't create his "mythos" from whole cloth. He brought together many elements of British and Celtic mythology. He wove together the elements of the story, as all storytellers do.

Shakespeare is copied time and again in to fresh new tales that are never condemned for copying Shakespeare; they are an homage to him and an extension of what he did.
If someone wants to write a story using some of the elements from Tolkein, they'd only be doing what every other story teller does with the works of others who influence them.

Answer 6

I think so. Tolkien drew his own mythos from other works and legends. And it is neat to think of the whole fantastical realm as connected somehow.

Answer 7

I guess so, just as long as they give him due credit.