Thanks for the question. I've worked in publishing, but on the creative side.

I didn't see the dictionaries and I haven't seen the Lexicon, so I can't say.

What I -do- remember, however, is that Tolkien's works were involved in an awful mess when the paperbacks were first published in the U.S. Those of us who can remember the early Ace editions know that they were rapidly supplanted by the Ballantine ones that bore the statement from Tolkien that those who believed in courtesy to living authors would buy these and no others. I used to read those books: although Tolkien was somewhat casual about rights -- selling the film rights to LOTR for about 10,000 pounds (I'm taking this from memory), I suspect that as a scholar, he would have been more careful about the written word. And, until his death, he would occasionally work with people.

It seems as if Christopher Tolkien has pretty much made his father's legacy his own life's worth, notwithstanding his own training as a medievalist. I know that if it were not for that earlier film deal, we would not have the New Line productions. I heard some gossip, but didn't hear it well, and out of respect for the Tolkien family, don't want to misremember it in public.

Sorry I can't give you a better answer. The examples I cited were cases I knew of or participated in. Writers are taking care now to hand down their legacies. Diana Paxson took over MZB's Avalon "universe"; Brian Herbert and Kevin J. Anderson have taken over DUNE and will be producers on a new film.

Fan-work goes pro at its peril, I hate to say. Even something like STAR TREK, where there are professional writers -- we know we are not "canon." "Fanon," as it's called, is safest when below the radar.

For an entire book? If it were a scholarly book (academic press), or one of BenBella's "smart pop" collection of essays (trade book, so I don't have BenBella complaining that I've slammed them, which is not my intent), one is allowed to use display quotes. But the law is specific on how much of a book or a poem can be used. For more, you damn well get permission to quote, and it can be withheld. For an established character, like Sherlock Holmes, you have to get approval.

This is a real mess because the Net has made the lines between creator and fan permeable to the extent that many fan writers feel tremendous ownership in the source work as well as their own. Whether fan fiction is allowed or not is a judgment call.

The rumor many years back was that LucasFilms felt benign on the subject until they saw some of the fanfic (if you read or write fanfic, you know what I mean). About that time, George Lucas is supposed to have said, "LOOK, people. It's okay to play, but keep it within the lines of what -I'd- be likely to do or I'm going to have to clamp down."

One STAR TREK novel (and this was professionally published) had to be withdrawn and re-issued. Same reason.

This is very tricky. Frankly, I think toleration of fanfic has probably created a slippery slope the size of K2 in terms of legal precedent, but when marketing types create websites and sanction it -- in addition to private websites -- all hell is bound to break loose.

To borrow ONE WORD (well within the realm of "fair use"):

Fascinating!

Ron, just in the interests of getting terminology straight, what you are calling a royalty isn't a royalty, but a licensing fee.

For example, a bunch of us did two books in Jerry Pournelle's War World universe. The books were created with Jerry's approval (if he didn't like something, we changed it FAST) and for his publisher. In return, the advance structure was set up so that a percentage went to him as licensor. Similarly, Pocket Books licenses the rights to STAR TREK from the holding company that controls them. This license is for a period of time and must be renewed. In the case of TREK, many years ago, it was transferred from Bantam.

I think you're right in saying that a licensing agreement would have been a reasonable thing to assume and something Rowling could have considered it. But the Potterverse is her intellectual property, and she had the right to decide as she did.

This is why -- as ANYONE in publishing will tell you -- it is always better to work on your own independent universe (do as I say, not as I did, please). If Rowling had been writing fan fiction, not her own work, she would not be in this predicament.

Would I like to be in this predicament? HELL YES! Do I envy Rowling? Well, I wish it were my books, but that's human. She has performed an inestimable service in getting so many young people reading: I would have liked to have been able to do so much for so many, while making a pile for myself.

Eat your heart out, Brightstar. Assuming you've got one.

I can see why you'd read DUNE, with THAT name.

Frankly, I enjoyed the backstory -- especially the Harkonnens and the Old Duke, but that's me.

I LIKE backstory and retroactive continuity.

Jerry is now putting out the War World material in e-copy.

You can see that it's tricky. I can assure you that writers' groups such as SFWA and the Authors of Media Tie-Ins are watching this very carefully.