The image at right, part of Lee’s analysis, is certainly food for thought.

I know I’m late to this party, but I finally got around to seeing The Hobbit: An Unexpected Journey after hearing much belly-aching over how the story of a single book is split into three separate movies: it seems like a blatant cash grab by the studios, a cynical move that put franchise movie economics ahead of things like storytelling and pacing.

After seeing the movie, I can definitely sympathize with these complaints. It felt slow at times, particularly during the multiple expository scenes in the first half and the interminably long action sequence in the second half. Most importantly, I felt like the story didn’t advance far enough to justify taking up an entire movie on its own, especially compared to the Lord of the Rings movies.

So me being me, I decided to put this issue into quantitative terms. Specifically, I wanted to compare the length of the Hobbit movie to that of the source text, and run the same analysis for the three Lord of the Rings movies.

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The literary legacy that members of the Tolkien Estate want to protect

By:  Brian Tither

Introduction

I think that the reason why some members of the Tolkien Estate have sued Saul Zaentz and its subsidiaries over JRR Tolkien’s literary legacy is because of their overriding concern for protecting that legacy above all else. In particular I think that this is the intention of Christopher and Priscilla Tolkien, the surviving children of Tolkien. And as a former student of Tolkien’s academic speciality in Old and Middle English and Old Icelandic in New Zealand I personally support this intention after being frustrated at The Hobbit production being only valued for the other Hollywood productions and tourist dollars that it may bring into New Zealand. I am also frustrated at the way a lot of the people involved in the production seem to only value it for its enhancement of their individual film projects.

The literary legacy of JRR Tolkien

Tolkien was the Professor of Anglo Saxon at Oxford University in the years that Christopher and Priscilla and their deceased brothers John and Michael were children and Tolkien would come home and tell them stories based on the literature that he was teaching at Oxford. This came from Old Icelandic texts like Voluspa, which describes the rise and fall of Midgard, the Old Icelandic Middle-earth, where Tolkien got his names for his Dwarves, and The Saga of the Volsungs, where Tolkien got his ideas for Bilbo’s encounters with Gollum and Smaug from the God Loki taking off Andvari the Dwarf a ring which causes problems for its bearers and Sigurd’s slaying of Fafnir the dragon, which are supplemented by similar things in the Old English poem Beowulf. This was also supplemented by Tolkien getting his ideas for Beorn, which translates as ‘warrior’ from Old English and as ‘bear’ from Old Icelandic, and Bilbo Baggins, which translates as ‘dweller in a dwelling in a bag’ from Middle English and ‘dweller with a sword from ones in a bag’ from Old English, from characters such as Bodvar Bjarki, which translates as ‘the bear warrior’, and Hott Hjalti, which translates as ‘the small sword hilt’, from The Saga of King Hrolf Kraki, where Hott’s parents are described as living in what appears to be a house built in a hole in the ground.

Given that the name Hott and the Old English word holbytla for ‘hole-builder’ conflate together as hobbit, which means ‘small hole-builder’, and given the oral tradition that developed between Tolkien and his children, it is easy to see how Tolkien took it a step further with his children and got them to help him with creating a story from him one day writing down the words: ‘In a hole in the ground there lived a hobbit’. And from there the story developed as an oral tradition between them until Tolkien decided to write it down in a manuscript and this was published as The Hobbit some years later after he happened to show it to someone who recommended that he got it published. Then he wrote The Lord of the Rings, in which he referred to the mythology, later published as The Silmarillion, that he had been creating since before his children were born, while incorporating a character that he and his children devised from a doll that they owned, which they named Tom Bombadil.

The legacy of the Tolkien Estate

But the story of his children’s involvement did not stop there because Tolkien consulted Christopher on virtually every turn of The Lord of the Rings as he wrote it, while Christopher went on to become a university lecturer in Old and Middle English and Old Icelandic as well. Then when Tolkien passed away he had Christopher appointed as his literary executor and charged him to complete The Silmarillion, which Christopher did. And he also appointed him with John, Michael and Priscilla to take care of other estate matters as well.

This included taking care of matters regarding his selling off the film rights to the books to Saul Zaentz, which Tolkien did to cover the high inheritance taxes that the books accrued upon his death, all which grew out of his experiences with being swamped by the royalty taxes that he had to pay due to the sale of the books from the popularity that he did not anticipate for them. And this included the estate ensuring that Saul Zaentz and its subsidiaries did not step out of parameters that were set by Tolkien to protect the literary legacy of his works, which by implication stretched into his academic speciality to the original texts where he got his ideas from that have no copyright on them. And this experience grew out of seeing what Walt Disney did to the works of the Grimm’s Brothers the latter who Tolkien had a particular affinity for because the Grimm’s brothers also created philological principles, which Tolkien applied in his academia and works. Hence Tolkien did not want to see tangible things like this in his works being turned into intangible things like theme parks, which by implication extends into things like video games and gambling outlets such as slot machines.

And there is a need to protect this literary legacy if this literature is not to become something only valued by the money that people might make out of it at the expense of accessing that literature to many. And one of the things that I have been perturbed about as a student of Old and Middle English and Old Icelandic is experiencing both The Lord of the Rings and The Hobbit productions consulting linguistic and Old and Middle English and Old Icelandic experts for the purpose of developing the movies without considering how such expertise comes from the collective intellectual property of teachers and students in these specialities, even though such intellectual property was strangely fused with Hollywood action movie conventions in the films. And possibly this is why The Hobbit movies have so far not had such experts promoting them like The Lord of the Rings movies had, which probably made it expedient for the first trilogy of movies to be nominated for Oscars in categories like Best Director and Best Film, which they won on the third movie, while the second trilogy so far has not received any such nominations.

The valuation of the legacy in New Zealand

Meanwhile, as I said above, The Hobbit movies have been only valued as a means to bring more Hollywood productions and tourist dollars into New Zealand and it has been seen by people involved in the production as only a means to develop their individual film projects. The latter was made clear to me in October 2010 when allegedly there was industrial action going on which was allegedly having Warner Brothers considering moving the production elsewhere. The impression I got then from such individuals was that if the production went offshore it would severely jeopardise their projects, which was enhanced to me by someone who spoke at The Hobbit rally, which occurred a few days before Warner Brothers decided to keep the production in New Zealand. This person referred to how The Lord of the Rings production created a community of filmmakers, which has left me the impression that this community has been dependent on both that and The Hobbit production for its existence.

Consequently I have decided that I will only support the film projects of individuals involved in these productions if they demonstrate to me sufficient appreciation for the intellectual property that was drawn on for these productions. And for me the benchmark that has been set for that is that shown to me by a prominent New Zealand Maori writer, some of whose works have been turned into films, who supported the teaching of Old and Middle English and Old Icelandic at the New Zealand university that he used to work for. He also left me with the impression that the term ‘Middle-earth’ should not be used as a means for cultural groups to promote their culture to gain tourist dollars without acknowledging the culture that Middle-earth comes from as Tolkien acknowledged and intended it, who said Middle-earth was a use of the Middle English middel-erde, which derived from the Old English Middangeard and is thus related to the Old Icelandic Midgard.

Meanwhile, universities have had to cut their Old and Middle English and Old Icelandic courses even when they have had a reasonable number of students doing them due to a reallocation of university funding from a government who has used The Hobbit production so far for political gain. And I think that this is abysmal given the free promotion that The Lord of the Rings movies got from the New Zealand experts in these specialities through public lectures that they delivered like other experts in the specialities in other places in the world on the release of each movie, which if it had of been picked up on by The Hobbit production might have meant that the media surrounding the movies would have been less focussed on the apparent lack of material in the first Hobbit movie and the technology used, which not all the movie viewers were happy with.

The actual legacy in New Zealand

Also, for the New Zealand world premiere of the first Hobbit movie such experts could have highlighted how it was part of New Zealand’s culture and heritage that our education system produced Kenneth Sisam, a graduate of both Auckland and Oxford Universities, who was Tolkien’s New Zealand born tutor when Tolkien first started learning these specialities. Sisam introduced texts to Tolkien that Tolkien said that he had previously never heard of before, which included the Old English poem Crist, which had words in it translated as: ‘Hail Earendil, brightest of angels/ above the middle-earth sent unto men’. This led to the first draft of the poem of Earendil the mariner that Bilbo sings in Rivendell the night before the Council of Elrond in The Lord of the Rings, which, in turn, Tolkien wrote after his first year of having Sisam as his first tutor, which was the beginning point of his legendarium.

In addition, these New Zealand specialists could have also highlighted how Tolkien alluded in his valedictory address, when retiring from being Professor of English language and literature, to the contribution that New Zealanders (and Australians) made to the Oxford School of English and the close contest which he had with Sisam for Professor of Anglo Saxon. The latter was also referred to in an interview just before the first Lord of the Rings movie’s release with an English born former lecturer in the speciality at a New Zealand university who was at Oxford when Tolkien was Professor there at the time the book was published who said that most undergraduates thought that Sisam should have been Professor.

Conclusion

This lecturer also told my classmates and me that the undergraduates at Oxford formed the basis for the Hobbits in Tolkien’s legendarium, them being derived from the undergraduates living in study groups with a tutor and a servant called a scout who looked after their personal needs assigned to each group. That is, Frodo Baggins and his cousins were based on the undergraduates, Bilbo Baggins on the tutor and Samwise Gamgee on the scout. And hence, whereas The Hobbit was something derived by Tolkien from his telling of stories to his children based on his academia, The Lord of the Rings was derived from his actual teaching of that academia. And I experienced an evolved version of that at university from a former PhD graduate of Oxford who got some of her Bilbos to teach Sams like me our letters like Bilbo does for Sam in the book. And according to one of those Bilbos my classmates and I are the envy of many who learn these letters around the world for having had this lecturer as a teacher, which is a sure foot in the door for any of her Frodos into universities such as Oxford and Cambridge. And it is such legacies that Christopher and Priscilla Tolkien are concerned with protecting knowing full well that without it their father’s legendarium would not even exist.

Brian lives in Wellington New Zealand on the main drag to both Victoria University where he was he was taught Old and Middle English and Old Icelandic at undergraduate level by an Oxford University PhD graduate and the Embassy Theatre where the red carpet rolled out for all New Zealand premieres for The Lord of the Rings and The Hobbit movies. He goes under the pen name of Brian Boru, which refers to his family descent from a famous Gaelic warrior-king of a millenium ago called Brian Boroimhe who is part of a Gaelic literary canon that he also wants to study.

Let’s dive right in and look at the goodies that are going to be on the discs.

The Filmmakers’ Commentary. Director/writer/producer Peter Jackson and writer/co-producer Philippa Boyens provide their perspective and stories on creating the first film.

New Zealand: Home of Middle-Earth. From Matamata to Queenstown, travel with Peter Jackson and his team across the stunning locations of New Zealand, transformed by the filmmakers into Middle-Earth.

The Appendices Part 7: A Long-Expected Journey. A 14-part chronological history of the filming of An Unexpected Journey, covering pre-production in the various departments of the film in the months leading up to the start of principal photography, the boot camp training for the main cast, and the work done on set chronologically through the three shooting blocks and in the world of its digital effects.

The individual chapters (and notice that a lot of them take titles from individual chapter of The Hobbit) include:

* The Journey Back to Middle-Earth
* Riddles in the Dark: Gollum’s Cave
* An Unexpected Party: Bag End
* Roast Mutton: Trollshaws Forest
* Bastion of the Greenwood: Rhosgobel
* A Short Rest: Rivendell and London
* Over Hill: The Misty Mountains
* Under Hill: Goblin Town
* Out of the Frying Pan: The Forest Ledge
* Return to Hobbiton: The Shire
* The Epic of Scene 88: Strath Taieri
* The Battle of Moria: Azanulbizar
* Edge of the Wilderland: Pick-ups and the Carrock
* Home Is Behind, the World Is Ahead

The Appendices Part 8: Return to Middle-Earth. Another selection of documentaries and featurettes await, further detailing the development, design and production of An Unexpected Journey:

The Company of Thorin. Explores the characters and backgrounds of the five families of dwarves and the company of actors chosen to play Thorin’s company on the Quest of the Lonely Mountain. Chapters include:

* Assembling the Dwarves
* Thorin, Fili and Kili
* Balin and Dwalin
* Oin and Gloin
* Dori, Nori and Ori
* Bifur, Bofur and Bombur

Mr. Baggins: The 14th Member. A revealing look at the film’s charismatic and talented lead actor, Martin Freeman.

Durin’s Folk: Creating the Dwarves Reveals the journey and process of designing, conceptualizing and physically realizing the dwarves in The Hobbit.

The Peoples and Denizens of Middle-Earth. Focuses on the realization of new characters and creatures encountered in the first film, from casting to characterization to physical and digital design. Chapters include:

* The Stone Trolls
* Radagast the Brown
* Goblins
* Azog the Defiler

Realms of the Third Age: From Bag End to Goblin Town. Follows the creation of the Middle-Earth locations from conceptual design to set and prop building to fully digital realities. Realms explored include:

* Hobbiton
* Rhosgobel
* The Misty Mountains
* Goblin Town

The Songs of The Hobbit. A look at the realization of Tolkien’s songs in An Unexpected Journey.

Pre-order your copy of the AUJ: EE at Amazon

The AUJ EE is already available for pre-order over on Amazon.com in a few different flavours — the collector’s edition gift set with bonus WETA statue, a Blu-ray 3D version and normal, non-3D Blu-ray edition.

Bootnote: We believe that the numbering of the EE appendices begins from seven because it carries on from the Lord of the Rings Extended Editions, which had six appendices on the extra DVD discs.

Alternative theory is that Tolkien also had six appendices for the LOTR books (labelled from A to F), but that seems much less likely.

Order your gift set via this link: The Hobbit: An Unexpected Journey Extended Edition with Amazon Exclusive Bilbo/Gollum Statue (Blu-ray 3D + Blu-ray + UltraViolet)

5-Disc Specs: 5 Disc BD: BD 1: 3D Ext Edition Feature + NZ Trailer BD 2: 3D Ext Edition Feature BD 3: 2D Ext Edition Feature + Filmmaker’s Commentary BD 4: • “The Appendices Part 7 – A Long Expected Journey: The Chronicles of The Hobbit – Part 1” • “The Appendices Part 8 – Return to Middle-Earth: Creating the World of The Hobbit” UV Copy of Ext Edition

Statue Specs: “Riddles in the Dark” was sculpted by Gary Hunt from Weta Workshop. Gary is part of the wider Weta team who worked on the film. The figurine is approximately 2.07 lbs. Size: 8” wide, 5.25” deep and 7” tall. The outer giftset box is illustrated by the film’s concept artists Alan Lee and John Howe. -

UPDATE: You can also get the gift set with regular Blu-ray (non-3D) via this link right here. The product details are nearly the same with a slightly smaller price for those who don’t have and will not have 3D televisions in the future. (The 3D version comes with a regular Blu-ray version also.)

[Gift Set] [Blu-Ray 3D + Blu-Ray + Ultraviolet] [Blu-Ray + Ultraviolet]

NO two Tolkien fans are the same. Yes, we harbor a deep and abiding love for all things Middle-earth, but (I like to believe) our tastes differ, even if only in the minutia. Some may enjoy the philological phantasmagoria that permeates Tolkien’s works, while others draw inspiration from the detailed locations and their histories. Personally, I have a thing for maps. However with the recent addition of Tauriel to the Middle-earth mythos, my thoughts have been drawn to the characters that inhabit our collective imagination and, more specifically, those of the female gender.

Tolkien, unlike many other fantasy writers of the twentieth century, was entirely willing to create strong, vividly imagined female characters. One that immediately comes to mind is Lúthien Tinúviel, who was so prominent in Tolkien’s world that she is not only mentioned in The Lord of the Rings, but is also a major character in The Silmarillion and even features in the epic poem The Lay of Leithian.

The latter work, which Tolkien never completed, chronicles the love between Beren and Lúthien. Another well-known character from the Legendarium is Elwing the White*, mother of Elrond and Elros. How prominent was she? After several unsuccessful attempts by Eärendil the Mariner to try and sail to Valinor, Middle-earth’s most-renowned seaman was only successful after Elwing joined him on Vingilot.

The two most well-known heroines, thanks in no part to the films, are of course Arwen and Éowyn. Yes, Arwen’s romance with Aragorn did seem a tad campy on the big screen (in a beautiful, melancholic fashion that truly added to the story), but let’s not forget: this is the same elf who faced down the Nine (even if it didn’t happen in the books) and single-handedly saved Frodo from certain death. And Éowyn’s fantastic line, “I am no man!” when taunted by the Witch-king? It still raises the hairs on the back of my neck. So good. Also, I would be remiss to neglect Galadriel, of Lothlórien. Not only is she a Ring-bearer of immense power, but she also sits upon the predominantly male (even if the Mair aren’t technically Men) White Council.

So, where does this leave us? Ah, yes: Tauriel. As a Tolkien fan, I’m ecstatic to see a fresh addition to the lore. As someone who considers himself to be rather versed in the ways of the entertainment industry, I see it as a shameless attempt to attract the ever-elusive demographic of young women (insert Orlando Bloom joke here) and adolescent males (insert scantily clad bikini picture here). Honestly? If she’s anything more than a Disney princess in elf ears, I’ll be satisfied.

What I’m trying to say, in a less cynical fashion, is that I trust Peter and Fran, I really do. But I’m also aware of the climate in which they have to operate. Big money means a big emphasis on making a big profit, and a necessary part of show business is trying to target as many demographics as possible. Time and time again, we see corporations put pressure on directors and writers to change their movies in ways that reach a larger audience, but harm the overarching narrative.

Will Evangeline Lilly be fantastic? I’m sure she will. Will her and Orlando’s on-screen chemistry, and indeed their very presence, contribute to the overall narrative of the trilogy? I’m sure they’ll make it work. Is it necessary? I remain to be convinced, largely because I’ve seen how sterile and bureaucratic the industry can be.

In the best of all possible worlds, I see Tauriel as the embodiment of the inner strength and outward beauty of all the aforementioned characters. Why Tauriel? Because The Lord of Rings trilogy had its strong female protagonists, as did the Silmarillion and the Legendarium before it. Therefore, in the spirit of a more diverse, modern telling of The Hobbit, I see it as only natural that Jackson and company would want to introduce a fresh female character. In truth, the only part of me that is uneasy is the fervently cynical, text-obsessed fanboy who’s shaking the bars of his cage and muttering, “but she’s not in the book!”

Until more elements of the plot are revealed, Tauriel remains a positive yet potentially unnecessary addition to Peter Jackson’s cinematic vision. In the end it all boils down to the spirit in which these changes are made to the source material. Who knows? I could be completely off the mark. When it comes to the Hobbit films I’ve yet to be disappointed.

In Jackson we trust.

* Bootnote. Most would automatically think of Aredhel with the appellation “the White”. However, there is one single reference that seems to indicate that the label also applied to Elwing. It’s from The Fellowship of the Ring where Aragorn is speaking to the four hobbits of Beren and Lúthien. As it’s direct speech, it does seem to be part of an oral tradition of either the Dunedain, or of the Noldor (or both). The quote in full: “For of Beren and Lúthien was born Dior Thingol’s heir; and of him Elwing the White whom Eärendil wedded, he that sailed his ship out of the mists of the world into the seas of heaven with the Silmaril upon his brow. And of Eärendil came the Kings of Númenor, that is Westernesse.” A Knife in the Dark, The Fellowship of the Ring.

Noah Smith is a freelance writer operating out of the woods of Pennsylvania, though he leaves often and for great lengths of time. The proud owner of more pet projects than any sane person deserves, he peddles his craft in various portions of the internet and local collegiate magazines, writing poetry, commentary, speculative fiction and erroneous remarks in the comment sections of videos. He writes on a blog called Utumbria and can also be found on Twitter. His opinions do not necessarily reflect those of TheOneRing.net or its staff.

WITH the theatrical home video release of The Hobbit: An Unexpected Journey the audiences witnessed something unique. Whereas usually a title gets released with a similar cover design throughout the world, the amount of different cover artworks, package types and release dates for TH:AUJ was overwhelming and distracting. The release date was somewhere between March (USA) and May (Australia, NZ) — more than a month’s span! Also, almost each country had its own cover artwork as well as additional editions (four steelbook editions in France alone!).

Despite this diversity of packaging, the release per-se made a rather cheap impression. The menu was just some uninspired collage with static subscreens, as opposed to the excellent LOTR TE DVD menus. Menus on non-US-releases were even worse: they had purple all-purpose buttons and Arial font on the menu points overlayed. The disc labels were simple black for the most countries AUJ was released in.

As far as the SEE is concerned, we already have an announcement for a UK steelbook box, which for me is a clear hint that Warner Bros. still has no idea how to market this film, and is likely to continue the same approach with a multitude of different editions, packagings etc.

If you remember the theatrical DVDs for The Lord of the Rings, they all were quite similar in design. Also, they were released on a single day worldwide, even though the release was handled by many small release independent companies (as opposed to Warner Bros. who owns The Hobbit almost worldwide). They also had all the same menu designs.

As I think, the basic idea behind the menu and package design of LOTR TE / LOTR SEE on DVD was to give the audience a feeling of an “exquisite framing” for the content by assessing what the makers of the discs would like to see themselves. For instance, animated menus can be very annoying if you have to navigate through several screens of them, and have overlong transitions between these screens. On LOTR the transitions are still there but they are meticulously timed to be not intrusive. And the menus are done in such a stylish and elegant way that it is a joy just watching them.

Also, considering the package design: if anyone still owns the LOTR SEE DVD (as I do) — they are still a pleasure to hold in the hand, a truly elegant design made for collectors. (There was some difference between the normal SEE editions and giftset SEE editions in Europe where the normal SEE was made of thinner cardboard — however, the design and the gold lettering were still the same). And the SEE is, in fact, targeted at collectors as opposed to the majority who is just happy with the TE.

What I suggest:

There should be just one great design for the SEE, like it was the case with the LOTR SEE DVD editions. Or two variations of this design — for there should be a LOTR-like giftset as well. One which would deserve this name.

This package design should mirror the design of the available LOTR SEE DVDs (not the BluRays, mind you – they suck in comparison).

The menus should reflect the same approach the LOTR SEEs used to have. Michael Pellerin is already involved in the documentaries — let him do the production for the SEE as well! The menus of the LOTR SEE DVDs were state of the art in terms of elegance, the amount of thought put into programming and the structuring of the bonus features. Although animated, the menus were never annoying.

Also, there should be no qualitative difference between English-language menus and non-English menus — that’s cheap.

By doing this, Warner Bros. would show:
* That the label actually knows what it does when it tries to market The Hobbit;
* That it recognizes that the target area for the SEE are collectors who mind such aspects;
* That it cares about giving the target audience what it wants: excellent content put into an exquisite framing;
* That the label releasing the SEE is not cheap.

TheHutt runs the Russian language LOTR and Hobbit site Henneth-Annun.ru. His opinions do not necessarily constitute those of TheOneRing.net or its staff.

Peter Jackson with Dean O’Gorman and Aiden Turner on the final day of shooting The Hobbit.

Peter Jackson has always been pretty open with fans about his process of making films. He answered 20 questions for anybody interested way back in 1998 on Aintitcoolnews back when film fans had just climbed out of the internet’s primordial ooze. He followed this up with a series of interactions with communities definitely including TheOneRing.net (highlighted by attending our Oscar parties and allowing founder Tehanu set access) and our sister site, KongIsKing.net where he posted twice-weekly production diaries while shooting that film. The behind-the-scenes effort was as demanding as shooting a many films — done  while his team was shooting a film. Think what you want of “King Kong,” but the innovative work to share it with fans may never be equaled. You can see the old diaries running down the right side of the KiKn page. We (the all-volunteer TORn staff) would have loved to host again but by the time the three movies based on J.R.R. Tolkien’s “The Hobbit,” were shooting, social media provided Facebook for many millions around the globe and gave Jackson a direct link to fans.

He continued to release production diaries, and he was able to simply showcase them directly on his own Facebook account. With nearly a million likes, he found a way to self publish, directly to his audience, with or without the studio’s help — but likely with its blessing.

Peter Jackson and Graham McTavish on the final day of shooting The Hobbit.

Today marks the final day of shooting the films in New Zealand. The day caps off a ten-week period planned from the beginning to shoot pickups for both remaining films and also capture the great Battle of Five Armies on film. For weeks now Twitter and some announcements have been signaling final shooting days for specific actors from the films. Jackson has now used Facebook again to publish many updates about how his day has progressed and what the two units are shooting as the final shots get ticked off the list in an almost Twitter-like fashion. (Except that his post are much more wordy!)

The first post is an early-morning announcement that he can’t sleep, is watching fight rehearsals and what he hopes to accomplish with the feed. view from his own house with another shot of his cat saying its goodbyes as he heads to the lot to shoot. He says,

“Ever since starting these blogs, there’s been something I thought I’d like to try one day (as well as answering the other 19 questions I owe you!) – blogging throughout a shoot day in real time. Try to give you all a feeling for what we deal with on an average day.

Today is not exactly “average”, given it’s our last day of shooting, but if I don’t do it today, I never will!”

We go on to see a view from his home, a view from his cat into the lens and then on to work, arriving at the security gate at the studio. He continues with updates much of the day, appropriately sharing those final hours on set. There is a lot of work to be done but there is something that resonates even with fans about the moment when the cameras turn off. Film crews can work only work certain numbers of hours with a lunch and then overtime kicks in. This means everybody must be fed as the hours reach over 12 worked for the day. This seems likely on the final day and at last posting, only two set ups (getting the lights and sets and everything else ready to shoot) were left for Jackson’s unit while something close to the same number remained for the action unit. As Jackson said,

9.21pm. Getting very near the end …

Jackson also gives great insight into his own personal film process and has a great shot from his director’s tent. I have spent time in that tent and not only is the shot great, but the explanation of his tent crew are as well. They will never be recognized as widely as they deserve but they are excellent, each in their own way.

Peter Jackson’s “Tent Crew,” who help him make movies.

When the final shot ends, after several takes where he says something like, “That was great, lets do one more,” Jackson will call “cut” and despite being digital, he will tell the camera people to “check the gate,” a term for film cameras to make sure everything was captured. “Clear” will come the traditional response, “gate is clean.” After that, expect hugs and tears and cheering and probably bubbly beverages. If I don’t miss my guess, a lot of party-time too.

A lot of work will remain of course, but that will end the work of many, many hundreds of people who helped made the illusions that we see as Middle-earth on film. Sets will no longer be built, costumes and makeup and prosthetics and hair and set dressers and lighting and camera departments will all be done working on a live set.

And, for the present and perhaps long into the future, the rights for further Middle-earth stories aren’t available. That ends the process of shooting the adaptation of the works of J.R.R. Tolkien.

Fans world wide, many of whom feel part of these efforts or at least connected to them, will also celebrate and feel sad.

Those of us attending Dragon Con in Atlanta over Labor Day will be pleased to welcome Hobbit actors William Kirtcher, Graham McTavish and the Doctor / Wizard Sylvester McCoy. TheOneRing will have a fan table there and the Tolkien Track will have daily panels with parts or all three of the trio for four days of the convention.

Jackson will continue to update as the cast and crew shoot long into the New Zealand night, perhaps for the final time in Middle-earth.

UPDATE: The shooting did finish. Jackson went home to daughter Katie throwing a party at home. Jackson ended things like this:

.14am.

Back with Mr Smudge.

A long day. A great day. Thank you all for being part of it! Now for some sleep!

Last year, Warner Bros. really pushed The Hobbit: An Unexpected Journey into orbit with video games, 16 Lenticular posters, free Acorn button pins, and a massive panel with The Hobbit the clear headliner. This year, because Peter Jackson is not sending cast or video content, it is left to vendors such as WETA, Bridge Direct, Sideshow and Badali Jewelry, along with TheOneRing.net to bring share the Hobbit love. It was clear by the lines at the WETA booth that this was not going to be a tough sell, they nearly sold out of the day’s allotment of Smaug’s Eye exclusive T-shirts, so if you missed that shirt last night, be sure to head over there first thing this morning. In addition to the Smaug’s Eye shirt, WETA unveiled some pretty cool new items, and has another big figure dominating the exhibit hall floor.

Two of the new items are of Thranduil and Tauriel, both in action stances, while the dominating figure is that of Azog in full attack mod. The detail that I had never picked up while watching the film is that his loin cloth has faces on it, now we know where the ‘Defiler’ nickname comes from. A few of WETA’s artists were signing books during the evening, which was a nice bonus, since they weren’t really scheduled.

And lest you think staffers from TheOneRing.net do nothing but talk and work Tolkien all day long, here are two other big aspects of this year’s SDCC. The first is from the Marvel booth, where it is clear that Thor is reigning all week long, while the second is from an Off-site event location called the Godzilla Encounter where guests get to feel what a Godzilla attack is really like. Seeing the King of Monster’s profile walking past your office window is Awesome!

Our Panel will be today, Thursday, July 18 at 5:30pm in room 6A. Remember to wear your Tolkien themed costumes or TORn T-Shirts (past or present) and show your Ringer pride. We have quite a few little surprises in store for you, so please do come on down and support your favorite 100% volunteer based fansite. And don’t forget to visit TheOneRing.net at the Badali Jewelry booth #532/534 or at WETA’s booth #3513B, you never know who you might run into.

Rob Kazinsky visting the WETA booth.

MAKING SENSE OF THE LATEST TOLKIEN LAWSUIT

By Douglas C. Kane

INTRODUCTION

As most here probably know, there is yet another litigation winding its way through the U.S. federal court system related to Tolkien’s Middle-earth subcreation.  This follows numerous past law suits and legal scuffles, including efforts by both the Tolkien Estate (the entity charged with protecting Tolkien’s literary legacy) and Middle-earth Enterprises (a division of the Saul Zaenz Company, which owns the film rights to The Lord of the Rings and The Hobbit and related rights, the exact scope of which is at the heart of this current litigation) to prevent third parties from making unauthorized use of the names, characters, places, and other material that they each respectively (and sometimes competingly) claim legal control over.  It also includes several past lawsuits against New Line, one by Peter Jackson himself, and others by actors and other individuals involved with the Lord of the Rings films who claimed that they were not paid the compensation that they were contractually due for their efforts on those films.  And, of course, it included the big one, the lawsuit by various individuals and entities related to the Tolkien Estate and Tolkien’s publisher against New Line alleging that the film company had failed to pay the royalties that it was due from the wildly successful films pursuant to the original agreement by which Tolkien had first sold the film rights, which was finally settled for an undisclosed (but clearly large) sum in September 2009.  That litigation was particularly of interest to fans of Tolkien and of Jackson’s Middle-earth films because, in addition to being about large sums of money, it also included a threat by the plaintiffs to stop further production on the films based on The Hobbit.  The settlement of that case removed that threat, and the current litigation does not threaten the productions in any direct way.  But it does have potentially dramatic long term ramifications regarding the future of the Tolkien-related universe.  The other big difference between this litigation and the previous Tolkien versus New Line case is that, unlike in that case in which it was all about whether New Line had failed to meet its legal obligations, in this case the two sides have competing claims against each other, each claiming that the other has acted in bad faith and infringed upon their rights.  The determination of who is right will go along ways towards defining what that future will be like.

The Claims

The lawsuit was initially filed on November 19, 2012 by the Tolkien Estate and related entities, as well as the publisher, Harper Collins and related entities (together referred to as “plaintiffs”, against Warner Brothers, New Line, and related entities (together referred to as “WB”) and most particularly Saul Zaentz and his Middle-earth Enterprises (usually referred to as “Zaentz” and together with WB referred to as “defendants”).  Interestingly, Christopher Tolkien is not a named plaintiff this time, but his sister Priscilla is, as a trustee of the Tolkien Trust. There is also entity entitled Fourth Age, Ltd., which was not a party to the last suit (it was actually formed in November 2011, well after that suit was settled). Although court records related to the lawsuit do not reflect this, according to U.K corporate records this entity actually changed its name on February 21, 2013, to Tolkien Estate, Ltd. Its directors include Tolkien family members Baillie Tolkien, Christopher Tolkien, Priscilla Tolkien, Simon Tolkien and Michael George Tolkien, as well as the Tolkien Estate attorney, Steven Andrew Maier.

Unlike the previous lawsuit, which alleged that New Line breached the original agreements selling the film rights by failing to make the royalty payments that those agreements require, the main complaint this time is copyright infringement.  There are two main activities that plaintiffs claim defendants infringe upon rights that plaintiff assert they still hold: (1) Lord of the Rings themed slot machines; and (2) online and downloadable video games. The basis of the claims is that the original agreement in which the film rights were sold only granted limited merchandising rights that cover “personal property that can physically be purchased,” and that these activities exceed the scope of those limited merchandising rights. The plaintiffs also claim that Zaentz has been infringing trademark rights. These disputes have been brewing for a long time, but apparently were brought to a head when one of the Estate’s attorneys received a “spam” email advertising the Lord of the Rings slot machines. Plaintiffs claim they have engaged in settlement discussions since 2010, to no avail, and that Zaentz has instead indicated that he intends to expand the merchandising.

The Counter-Claims

On January 18, 2013, Zaentz and WB each responded to the lawsuit by, in addition to denying the allegations, filing counterclaims for declaratory relief and for damages for breach of the implied covenant of good faith and fair dealing inherent in all contracts under U.S. law. They each subsequently filed amended counter-claims on March 11, 2013. These claims are essentially based on the argument that by filing their lawsuit, plaintiffs breached the implied covenant by repudiating the agreement granting the rights to defendants. Defendants cite correspondence going back to 1996 in which Harper Collins and the Estate’s attorney concede that Zaentz has the right to online video games based on The Hobbit and The Lord of the Rings. Perhaps most interesting, they cite a September 2010 “regrant” agreement in which the Estate confirms the rights held by Zaentz, and licenced to Warners/New Line. That must be the agreement that was referred to in Entertainment Weekly back in October 2010, in which Jackson was quoted as saying that one of the issues causing the delay in beginning production on the Hobbit films was negotiations with the Estate over rights issues. The interpretation of what that agreement actually says and means is clearly at the heart of this dispute.

The damages claim is based on the allegation that they entered into the “regrant” agreement in September 2010, and then the Estate immediately started complaining about actions that (at least in Zaentz and WB’s opinion), they had just agreed Zaentz and WB could do.  They assert that this “repudiation” of the agreement has prevented them from entering into “license agreements for online games and casino slot machines in connection with The Hobbit — a form of customary exploitation it previously had utilized in connection with the Lord of the Rings trilogy — which has harmed Warner both in the form of lost license revenue and also in decreased exposure for the Hobbit films.”

Some you might have already read, some may be an eye opener.

New production video coming soon!

Peter Jackson’s daughter Katie Jackson indicated on her Twitter account on June 9 that “the next Hobbit production vlog will be up within the next 2 weeks”. So it seems we’ll have more to chew over by June 23 at the latest.

Update on the Wellington Premiere kerfuffle

A lot of people were disappointed that Wellington would not be getting the premiere for Desolation of Smaug.

Speaking with TVNZ, Wingnut Films spokesperson Matthew Dravitzki said was never an intention to hold all three world premieres for The Hobbit in New Zealand.

He said: “with the Lord of the Rings trilogy, the first film was premiered in London, the second film was premiered in New York, and the third film was premiered in Wellington.” A location for the premiere has not yet been confirmed.

Hobbit cast and crew react to Happy Hobbit

Our own Happy Hobbit video bloggers recorded a live reaction video to the Desolation of Smaug trailer. Peter Jackson apparently stumbled upon it and posted it up on his own faceborg page. But then he went one better and pulled together Evangeline Lilly, Orlando Bloom, and Lee Pace (in costume!) and filmed their reaction to to our own Kili and Fili’s reaction.

We think it’s pretty funny — check out the video evidence at the bottom.

Also, TORn staffer Rasputin the Evil Balrog notes that you’ll see Lee Pace is wearing a completely different crown than the one he’s been wearing in every other scene we’ve seen him in. She writes:

‘Obviously the tall “Evening Wear” version is not convenient for battle, so the “Day Wear” circlet comes out along with his full-on armor. He must’ve been in the middle of shooting some Battle of Five Armies goodness with his dirty face and all. Interesting that Orlando and Evangeline are not wearing armor.’

Part of a deal signed with Warner Bros and New Line Cinema said at least one of the world premieres had to be held in New Zealand.

Jackson’s spokesman Matt Dravitzki this morning confirmed the second premiere would not be held in New Zealand this year.

EDIT: This writer’s interpretation is that this means that the world premiere won’t be held in Wellington, not that it won’t host a premiere event at all. If there’s a clarification of this slight ambiguity, we’ll let you know.

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