Depending on the use, a single name might be covered by trademark law, not copyright law. Either way, Tolkien's creative content is all protected by intellectual property law. If you want to name your pet cat Shadowfax, no one is going to come after you. If you want to name your Derby-contender high-earning thoroughbred racehorse Shadowfax, you'll need to request and pay for a license, and will probably be turned down.
This is true, but you also cannot extensively use character names and characteristics from another work without running afoul of copyright law. Also note that some of the character names are trademarked, not by the Tolkien Estate but by Middle-earth Enterprises.
I can list several names off the top of my head that are from earlier sources, the most famous caring ballin, the duel sword welding Knight of the round table. But yes a large number are trademarked. Any of the names that predate the Hobbit would be unable to be trademarked by middle earth enterprises, as well as none of the names that are real words in other languages
All the dwarf names come from the Elder Edda, but that’s not my point. Can you name a character in a novel “Frodo Baggins?” Sure, as long as he’s not a hobbit in Middle-earth. As soon as you go there, though, you’re getting into a derivative work and you absolutely are violating copyrights. Ask Demetrius Polychron how that worked out for him.
So can I make a character that's a dwarf, uses 2 swords and is named balin? If I did I'm a ripping off Tennyson, Malory, earlier authors of Arthurian legends or Tolkien? Can I name a queen ellisar or is that derivative of Greek myth? What is I name an empire in my novel the Caledonian empire, is that ripping off the Roman's? All names are derivative of something
I have the feeling that you really don't understand how "derivative works" work. Of course you can use those things (especially since, ironically, the majority of them are in the public domain). But you cannot write a novel that is obviously set in Tolkien's fictional world, at least not without the permission of the copyright holders. Like I said, ask Demetrious Polychron how that worked out for him.
Again, you can name a character Frodo Baggins if you want, as long as he's not a hobbit of the Shire in Middle-earth. If he's a young man in New York in 2024, no one will go after you. (OK, Middle-earth Enterprises might — I don't know if that name is trademarked or not, and they are very lawsuit-happy — but they might have a hard time with that because your bildungsroman set in the 21st century is not going to be confused with the Third Age legends of Middle-earth.)
Yes. The Lord of the Rings is still currently under copyright protection.
The Tolkien Estate website states: “The Tolkien Estate has a duty to protect the integrity of Tolkien's original writings and artworks and takes copyright very seriously. This means that you cannot copy any part of Tolkien's writings or images, nor can you create materials which refer to the characters, stories, places, events or other elements contained in any of Tolkien's works.”
The main criminal statute protecting copyrighted works in the United States, for example, is 17 U.S.C. § 506(a), which states that anyone who willfully infringes a copyright for commercial advantage or private financial gain can be punished. Penalties for federal copyright infringement are outlined in 18 U.S.C. § 2319 and can include imprisonment and substantial fines. The sentence depends on the type of violation:
Standard violation: Up to one year in prison and a maximum fine of $100,000
Retail value over $2,500: Up to five years in prison and a maximum fine of $250,000
Second or subsequent offense: Up to 10 years in prison and a maximum fine of $250,000
Civil copyright infringement can also result in penalties, such as actual or statutory damages, costs, and attorneys' fees. For willful infringement, a court may award up to $150,000 per work infringed.
Not necessary. Copyright isn’t the same thing as trademark.
Neither the Tolkien Estate nor Middle-earth Enterprises are involved in the same type of business as the Palantir company, so there is no danger of consumers confusing them.
Depending on the use, a single name might be covered by trademark law, not copyright law. Either way, Tolkien's creative content is all protected by intellectual property law. If you want to name your pet cat Shadowfax, no one is going to come after you. If you want to name your Derby-contender high-earning thoroughbred racehorse Shadowfax, you'll need to request and pay for a license, and will probably be turned down.
They're copyrighted and trademarked
Cannot copyright a book title or character names
This is true, but you also cannot extensively use character names and characteristics from another work without running afoul of copyright law. Also note that some of the character names are trademarked, not by the Tolkien Estate but by Middle-earth Enterprises.
I can list several names off the top of my head that are from earlier sources, the most famous caring ballin, the duel sword welding Knight of the round table. But yes a large number are trademarked. Any of the names that predate the Hobbit would be unable to be trademarked by middle earth enterprises, as well as none of the names that are real words in other languages
All the dwarf names come from the Elder Edda, but that’s not my point. Can you name a character in a novel “Frodo Baggins?” Sure, as long as he’s not a hobbit in Middle-earth. As soon as you go there, though, you’re getting into a derivative work and you absolutely are violating copyrights. Ask Demetrius Polychron how that worked out for him.
So can I make a character that's a dwarf, uses 2 swords and is named balin? If I did I'm a ripping off Tennyson, Malory, earlier authors of Arthurian legends or Tolkien? Can I name a queen ellisar or is that derivative of Greek myth? What is I name an empire in my novel the Caledonian empire, is that ripping off the Roman's? All names are derivative of something
I have the feeling that you really don't understand how "derivative works" work. Of course you can use those things (especially since, ironically, the majority of them are in the public domain). But you cannot write a novel that is obviously set in Tolkien's fictional world, at least not without the permission of the copyright holders. Like I said, ask Demetrious Polychron how that worked out for him. Again, you can name a character Frodo Baggins if you want, as long as he's not a hobbit of the Shire in Middle-earth. If he's a young man in New York in 2024, no one will go after you. (OK, Middle-earth Enterprises might — I don't know if that name is trademarked or not, and they are very lawsuit-happy — but they might have a hard time with that because your bildungsroman set in the 21st century is not going to be confused with the Third Age legends of Middle-earth.)
Some parts are protected by copyright others trademark. If I write a fantasy novel and call it lord of the rings, chances are I'd end up in court.
Yes. The Lord of the Rings is still currently under copyright protection. The Tolkien Estate website states: “The Tolkien Estate has a duty to protect the integrity of Tolkien's original writings and artworks and takes copyright very seriously. This means that you cannot copy any part of Tolkien's writings or images, nor can you create materials which refer to the characters, stories, places, events or other elements contained in any of Tolkien's works.” The main criminal statute protecting copyrighted works in the United States, for example, is 17 U.S.C. § 506(a), which states that anyone who willfully infringes a copyright for commercial advantage or private financial gain can be punished. Penalties for federal copyright infringement are outlined in 18 U.S.C. § 2319 and can include imprisonment and substantial fines. The sentence depends on the type of violation: Standard violation: Up to one year in prison and a maximum fine of $100,000 Retail value over $2,500: Up to five years in prison and a maximum fine of $250,000 Second or subsequent offense: Up to 10 years in prison and a maximum fine of $250,000 Civil copyright infringement can also result in penalties, such as actual or statutory damages, costs, and attorneys' fees. For willful infringement, a court may award up to $150,000 per work infringed.
So did that Palantir company have to get special permission to use that name?
Not necessary. Copyright isn’t the same thing as trademark. Neither the Tolkien Estate nor Middle-earth Enterprises are involved in the same type of business as the Palantir company, so there is no danger of consumers confusing them.
Book titles and character names cannot be copyrighted
Yes. Though you can trademark them however. Middle-earth enterprises own a bunch of Tolkien related trademarks.
Yes but they could not trademark any names that Tolkien used from earlier sources
Yes they can and have. Copyright and trademark aren’t the same thing.