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Tolkien Estate
The Tolkien Estate is the legal body which manages the property of the English writer J. R. R. Tolkien, including the copyright for most of his works. The individual copyrights have for the most part been assigned by the estate to subsidiary entities such as the J. R. R. Tolkien Discretionary Settlement and the Tolkien charitable trust. The various holdings of the Tolkien family, including the estate, have been organized under The Tolkien Company, the directors of which were Christopher Tolkien until August 2017 and his wife Baillie Tolkien, and J. R. R. Tolkien's grandson Michael George Tolkien. The executors of the estate proper were Christopher Tolkien (died 16 January 2020), who was sole literary executor, and (succeeding J.R.R. Tolkien's lawyer Frank Williamson), Cathleen Blackburn of Maier Blackburn, who has been the estate's solicitor for many years. The lawsuits below refer to an entity entitled "Fourth Age, Ltd." which was formed in November 2011. Although court recor ...
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JRRT Logo
John Ronald Reuel Tolkien (, ; 3 January 1892 – 2 September 1973) was an English writer and philologist. He was the author of the high fantasy works ''The Hobbit'' and ''The Lord of the Rings''. From 1925 to 1945, Tolkien was the Rawlinson and Bosworth Professor of Anglo-Saxon and a Fellow of Pembroke College, both at the University of Oxford. He then moved within the same university to become the Merton Professor of English Language and Literature and Fellow of Merton College, and held these positions from 1945 until his retirement in 1959. Tolkien was a close friend of C. S. Lewis, a co-member of the informal literary discussion group The Inklings. He was appointed a Commander of the Order of the British Empire by Queen Elizabeth II on 28 March 1972. After Tolkien's death, his son Christopher published a series of works based on his father's extensive notes and unpublished manuscripts, including ''The Silmarillion''. These, together with ''The Hobbit'' and ''The Lord ...
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HarperCollins
HarperCollins Publishers LLC is one of the Big Five English-language publishing companies, alongside Penguin Random House, Simon & Schuster, Hachette, and Macmillan. The company is headquartered in New York City and is a subsidiary of News Corp. The name is a combination of several publishing firm names: Harper & Row, an American publishing company acquired in 1987—whose own name was the result of an earlier merger of Harper & Brothers (founded in 1817) and Row, Peterson & Company—together with Scottish publishing company William Collins, Sons (founded in 1819), acquired in 1989. The worldwide CEO of HarperCollins is Brian Murray. HarperCollins has publishing groups in the United States, Canada, the United Kingdom, Australia, New Zealand, Brazil, India, and China. The company publishes many different imprints, both former independent publishing houses and new imprints. History Collins Harper Mergers and acquisitions Collins was bought by Rupert Murdoch's News ...
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Audrey B
Audrey () is an English feminine given name. It is the Anglo-Norman form of the Anglo-Saxon name ''Æðelþryð'', composed of the elements ''æðel'' "noble" and ''þryð'' "strength". The Anglo-Norman form of the name was applied to Saint Audrey (d. 679), also known by the historical form of her name as Saint Æthelthryth. The same name also survived into the modern period in its Anglo-Saxon form, as ''Etheldred'', e.g. Etheldred Benett (1776–1845). In the 17th century, the name of ''Saint Audrey'' gave rise to the adjective ''tawdry'' "cheap and pretentious; cheaply adorned". The lace necklaces sold to pilgrims to Saint Audrey fell out of fashion in the 17th century, and so tawdry was reinterpreted as meaning cheap or vulgar. As a consequence, use of the name declined, but it was revived in the 19th century. Popularity of the name in the United States peaked in the interbellum period, but it fell below rank 100 in popularity by 1940 and was not frequently given in the lat ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with '' Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In ''Everson v. Board of Education'' (1947), the Court drew on Thoma ...
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Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out an ...
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Quantum Meruit
''Quantum meruit'' is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff's expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. Situations ''Quantum meruit'' is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of ''quantum meruit'' and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct. The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: #When a pe ...
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Implied Covenant Of Good Faith And Fair Dealing
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ...
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The Guardian
''The Guardian'' is a British daily newspaper A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business, sport .... It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust Limited, Scott Trust. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the ...
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Declaratory Relief
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sens ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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The Saul Zaentz Company
Saul Zaentz (; February 28, 1921January 3, 2014) was an American film producer and record company executive. He won the Academy Award for Best Picture three times and, in 1996, was awarded the Irving G. Thalberg Memorial Award. Zaentz's film production career, primarily financed by the profits from Creedence Clearwater Revival, was marked by a dedication to the adaptation of novels. A prolific reader, Zaentz typically did not produce original screenplays. His final production, '' Goya's Ghosts'', was an exception, being an original story by Jean-Claude Carrière and Miloš Forman. Early life Zaentz was born on February 28, 1921, in Passaic, New Jersey, the youngest of five. His parents were Polish Jewish immigrants. As a child, Zaentz attended William B. Cruz Memorial school number 11 in Passaic. After serving in the United States Army during World War II, Zaentz began realizing his passion for music by working for Jazz at the Philharmonic and record company head Norman Granz, ...
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