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Tolkien Names in Other Media

Radaghast

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It strikes me as curious that words 'hobbit' and 'balrog' (maybe others) are often off limits for use in works in other media, as they are protected by the Tolkien estate. So, for fantasy RPG games like Dungeons & Dragons, the words 'halfling' and 'balor' are used.

It's curious because other words from the Tolkien lexicon are not off-limits. I'm not very well-versed in copyright or trademark law, but it seems odd to me that other names, particularly Aragorn and Sauron, were allowed to be used in other popular media.

Exhibit A: Aragorn
In 1968, Marvel Comics debuted a flying horse in The Avengers #48.
Screen Shot 2021-06-23 at 9.21.08 AM.png


Initially named Pegasus, the horse is officially renamed Aragorn in Avengers #55.
Screen Shot 2021-06-23 at 9.19.46 AM.png


Exhibit B: Sauron
In 1969, in X-Men #60 a character named Karl Lykos transforms into a were-pterodactyl (wereodactyl?) and actually names himself after the Tolkien character.
Screen Shot 2021-06-23 at 9.29.12 AM.png


I doubt Tolkien knew anything about comics so he probably was unaware of these uses, but I have to wonder what his reaction would be. I'm just wondering if this would normally violate a copyright or trademark and simply flew under the radar at the time due to the relative obscurity (at the time) of the work. Just wondering (again, I don't know much about copyright or trademark law). Also, it's a bit weird that the horse would be named after Aragorn rather than one of the horses in the book. Both characters were created by writer/editor Roy Thomas.

Exhibit C: Morgoth
In He-Man and the Master of the Universe, in the episode "Origin of the Sorceress" (airdate 09/23/85) a villain named 'Morgoth the Terrible' appears. This episode was written by J. Michael Straczynski, who later wrote for the TV show Babylon 5, (and a not-very-warmly-received run on The Amazing Spider-Man) This episode also features a robotic horse named Stridor; I wonder if this name is inspired by Tolkien's 'Strider' (considering the name Morgoth was already used, I would consider it very likely).

Screen Shot 2021-06-23 at 9.41.52 AM.png


Exhibit D: Led Zeppelin
Singer Robert Plant is a Tolkien fan and dropped a few Tolkien references in a few songs by Led Zeppelin (and he had a dog name Strider in the 70s). Gollum and Mordor are mentioned in the song "Ramble On" from the album Led Zeppelin II. From the same untitled fourth album is the song "The Battle of Evermore" which has heavy LotR themes; the word 'Ringwraiths' and the phrase 'Dark Lord' is used. The album also has the song "Misty Mountain Hop" which mentions (wait for it) the Misty Mountains. I doubt these references would cause any great legal fuss, but they're worth mentioning.

Does anyone know of any other instances of names and words invented by Tolkien that have been used in other media? This can, of course, include music and there are a few bands that have songs with Tolkienesque themes. For instance, the band Rush has a song called "Rivendell".
 
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In letter 258 (1964) Tolkien said: "I wish "Copyright" could protect names, as well as extracts."

But I don't know anything about Copyright law -- "here or there" or "now versus then" -- and I can't recall a media example at the moment.

🐾
 
In letter 258 (1964) Tolkien said: "I wish "Copyright" could protect names, as well as extracts."

But I don't know anything about Copyright law -- here or there or now versus then -- and I can't recall a media example at the moment.

🐾
I think maybe trademark protects names but only if there is a likeness to go with them, as with comic book characters. Pure guess on my part, of course.

One other thought I had is that I find it strange that only those particular names were used. And some names were not made up by Tolkien and are in the public domain; 'Gandalf', for instance.
 
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In letter 258 (1964) Tolkien said: "I wish "Copyright" could protect names, as well as extracts."
I looked up the letter and, interestingly, it's in regards to how a "Aquastroll hydrofoil" was named 'Shadowfax'.

Screen Shot 2021-06-23 at 11.50.55 AM.png


Tolkien goes on to say in that letter:
It is a form of invention that I take a great deal of trouble over, and pleasure in; and really it is quite as difficult (often more so) as, say, lines of verse. I must say I was piqued by the 'christening' ofthat monstrous 'hydrofoil' Shadowfax – without so much as 'by your leave' – to which several correspondents drew my attention (some with indignation). I am getting used to Rivendells, Loriens, Imladris etc. as housenames – though maybe they are more frequent than the letters which say 'by your leave'.
— The Letters of J. R. R. Tolkien, #258

So, I think that answers the question about what Tolkien would have thought about 'Aragorn' and 'Sauron' being used as names for comic book characters, both named while he was still alive. I doubt he knew a thing about American comics, though, or any comics for that matter.
 
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letter 258
I was going to mention that one, in relation to "Shadowfax". *

BTW, Radaghast, there are some older threads here on the subject, including IIRC at least one devoted to song appearances. A fairly long list, as I recall.

* Edit: I see you beat me to it, Radaghast.
 
But Tolkien himself wasn't above borrowing names: for example, Gollum is remarkably similar to Golem, a creature from Jewish folklore
 
But Tolkien himself wasn't above borrowing names: for example, Gollum is remarkably similar to Golem, a creature from Jewish folklore
Different pronunciation and entirely different concept, though, not to mention different spelling.

Tolkien actually used lots of names he didn't create, but all public domain, in a general sense (don't know what the laws are, precisely, regarding names).
 
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Another belated thought. The Marvel characters Aragorn and Sauron can now very probably never appear in a Marvel film since the Tolkien characters have appeared in films and now have likenesses. Well, they can but will likely have to be renamed.
 
I've always wondered about "Ainu / Ainur". I've known for a long time that the real-world Ainu are an indigenous people living on the northern Japanese island of Hokkaido - with central Japanese government control a recent, late-19th century development. My guess is that it's an accidental resemblance, as I cannot remember reading that JRRT had an interest in east Asia.
 
Yes, I think it's accidental, sort of like 'Túna', the hill in Aman. For that matter, the word 'hobbit' is also an "accidental homophone" in the words of Tolkien:
I have no waking recollection of furry pigmies (in book or moonlight); nor of any Hobbit bogey in print by 1904. I suspect that the two hobbits are accidental homophones, and am content* that they are not (it would seem) synonyms.
— The Letters of J. R. R. Tolkien, #25
 
I remembered the use of 'hobbit' in a song that was either allowed or overlooked, or the rules are different for songs. Anyway, here it is, "Hobbit on the Rocks" by Toad the Wet Sprocket.

 
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The name would have had to have been trademarked by the Tolkien estate, I believe, in order to prevent use by others. Or they may possibly have licensed it. It would take some looking.

At any rate, I think we now know what happened to the Ithil-stone. 😀


I remembered the use of 'hobbit' in a song that was either allowed or overlooked, or the rules are different for songs.
An LP from 1967:
2368cb46dbbe0ed114f7c37aeda577ed--the-hobbit-rock-art.jpg
 

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