I knew when I began writing music to Tolkien's words that I would need permission from his Estate to use them commercially. I never thought it likely that they would refuse. After all, while Tolkien was alive he had granted permission to Flanders & Swan and they had only done a few of his songs, and then only in a small way. Perhaps if Tolkien had still been alive he might have granted me permission too. But J Ronald Tolkien died back in 1973 and his Legacy is administered by his Estate.
The Estate of the late JRR Tolkien is a secretive body and it is difficult to find out who is on it. Certainly Christopher Tolkien and presumably his son Adam and some other descendents of JRR. I should also imagine at least one of Manches' staff would also be on it. Until recently they had no web presence and their only point of contact with the outside world was through their lawyers: Penningtons Manches, an enormous and ancient UK law firm. Unless you are important you cannot speak to the lawyer who handles the Estate which some years ago was Cathleen Blackburn. Now however they do have a website, which appears to be run by Adam Tolkien. From here you can send a little text message to the Estate. Good luck with getting a reply.
Manches' office in Oxford, UK Cathleen Blackburn
They have a policy to deny all musical requests and have had for some years. Perhaps this is why there were no versions of the songs in the movies, and no doubt this is why the only commercially available full version is that of The Tolkien Ensemble, who have the permission.
In early 2003 whilst I was recording my demo of LOTR Songs, I wrote to Cathleen Blackburn, explained my vision, asked for permission and enquired as to what royalties were applicable. She sent back a flat standard-form refusal:
"I'm afraid that the Tolkien Estate is not granting permissions for music based on Tolkien's works at the present time."
I consulted a lawyer myself to see if anything could be done. His advice was "No". I resolved to finish the demo anyway and then see if the music itself could move the legal heart. When the demo was finished I rang her to try and get a more human angle on the situation but her secretary refused to put me through. She insisted that all such matters must be done by mail. I tried to explain, but she wouldn't listen.
I wrote an impassioned letter to Cathleen Blackburn, asking that she at least listen to the demo before denying me, but she didn't even condescend to answer it herself. The response came from an underling:
"You are correct in understanding that the JRR Tolkien Estate Limited is not granting any musical permissions at the moment. This is a general policy of the Estate and is not based on the merits, or lack of merits, of any particular request. I therefore do not believe that any purpose would be served by you sending a demonstration tape to me."
No Virginia1, Lawyers are NOT human.
I consulted another lawyer but he had no useful advice.
I would love to have these songs properly recorded and distributed. I would also love to have them performed live with a full orchestra and professional singers in concert halls around the world. No doubt this is all possible if only the Estate would cooperate.
And so this project must remain shelved until such time as Tolkien's Estate change their mind and remember that their job is to foster Tolkien's Legacy, not to provide work for lawyers. My work in this matter IS part of Tolkien's Legacy, as is that of Ted Nasmith, John Howe, Alan Lee, Howard Shore and many others.