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America September 11, 2023 3 mins read

Tolkien’s amazon lawsuit Request Over $153K after Quashing a $250M Fan-Fiction Lawsuit

America ı By Rihem Akkouche

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Tolkiens amazon lawsuit

In a twist that feels straight out of a Tolkien saga, Amazon and J.R.R. Tolkien's estate have approached a California federal judge, seeking over $153,000 in attorney fees. This move comes after the duo triumphed over a fan-fiction writer's audacious $250 million copyright claim, asserting that his "Lord of the Rings" follow-ups were unlawfully copied.

Tolkien's amazon lawsuit : Allegations of Misleading Tactics and Frivolous Claims

The 24-page motion presented by both Amazon and the Tolkien estate has claimed attorney fees of $74,150 and $78,865, respectively. The plaintiff, Demetrious Polychron, was cautioned early on, both through pre-litigation correspondence and at the inception of the lawsuit, regarding the baselessness of his claims. The defendants' motion suggests that rather than reconsidering, Polychron continued his quest, laden with deceptive declarations, while his counsel used this legal skirmish as a platform to promote her firm.

Tolkien's amazon lawsuit : "Blatantly Appropriated"

The court had initially dismissed Polychron's lawsuit as he appeared to "blatantly appropriate" an array of Tolkien’s rich tapestry, including characters, plots, and settings in his fan-fiction novels, a bold step in his envisioned seven-book series based on Tolkien’s legendary trilogy. The aim of the fee award, as argued by Amazon and the estate, is to send a clear signal discouraging others from infringing on iconic masterpieces like "The Lord of the Rings."

A Web of Accusations and Breakdowns

In a plot-twist reminiscent of a gripping novel, Polychron's attorney, Katie M. Charleston, has recently asked the court to allow her to step back from representing the writer. This unexpected move was precipitated by a strained attorney-client relationship and Polychron's alleged unresponsiveness and payment lapses.

Polychron’s initial suit, launched in April, was an expansive campaign against Amazon's entities, key executives, and even Tolkien's own grandson, Simon Tolkien. The suit spun a tale of Polychron seeking a collaboration with the Tolkien estate after the copyright registration of his first book. But, his overtures were met with silence, only to later discover a $250 million deal between Amazon and the Tolkien estate, ostensibly based on his works.

Drawing Parallels with Past Precedents

U.S. District Judge Stephen V. Wilson equated the situation with the 1989 U.S. district court's ruling in Anderson v. Stallone. The resemblance? In both scenarios, a continuation of an established series seemed derivative, and therefore, not entitled to copyright protection. In Polychron's case, his narratives seemed to be a straightforward continuation of "The Lord of the Rings."

Silence from the Defenders of Middle-Earth and Amazon

While representatives for the Tolkien estate chose to remain mum, contacts for Amazon and Polychron's counsel did not promptly address requests for remarks.

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Rihem Akkouche

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