Fanfiction
Fanfiction or fan fiction (abbreviated fanfic) is a term describing pieces of writing that use characters and settings from the original work of another author, created by fans of that work. Tolkien's legendarium is one of the more popular bases for fan fiction, which is usually published on the internet.
According to Sumner Gary Hunnewell, the oldest published fan fiction was the poem "The Passing of the Elven-kind" by Ted Johnstone, which appeared in the fantasy fanzine All Mimsy, issue 5 (November 1959).
Legality of Tolkien fan fiction
Most national copyright laws acknowledge the concept of derivative works, meaning works that incorporate elements from an earlier copyrighted work, and gives the copyright holder of the original the right to control the distribution of derivatives. fan fiction is generally thought to constitute a derivative work because, while ideas per se are not copyrightable, specific characters and concepts are considered intellectual property (as unregistered trade marks), and derivative works are not protected by fair use exemptions because they are not parody or criticism. Therefore whether or not fan fiction is 'allowed' is at the discretion of individual authors: few will permit derivative work by fans to be published on a commercial basis, but the existence of non-commercial fan fiction on the internet is, generally speaking, tolerated, if nothing else by virtue of inaction. That said, they exist in a legally precarious state, and some authors (such as Anne Rice) have chosen to actively prevent fan fiction based on their work from being distributed.
In an FAQ entry on their website the Tolkien Estate discourage fan fiction based on Tolkien's works:
And in the past they have successfully taken legal action against commercial derivative works that infringed Tolkien's trademarks, e.g. in the case of a children's entertainer operating under the name "Gandalf the Wizard Clown". But as yet the Estate has not sought to halt the distribution of noncommercial fan fiction.
Tolkien himself received at least two requests to allow the publication of two fan-written sequels to The Lord of the Rings, both of which he (somewhat indignantly) refused. He also, on several occasions, expressed the opinion that made-up names and words should have just as strong protection under copyright law as entire works of fiction, on the basis that he put a great deal of effort into their creation.
Referencias
1. Esta ficha se ha importado inicialmente de TolkienGateway.net el día 25/05/2026.
