V. Conclusion

The Court has evaluated Plaintiffs' motion for summary judgment and the evidence in the record. No reasonable jury could find that Defendant had not infringed Plaintiffs' copyrights. Plaintiffs presented (1) unrebutted prima facie evidence of valid copyrights in TLOR, and they also presented unrebutted evidence that (2) Defendant copied protected elements of TLOR. The Court therefore GRANTS Plaintiffs' motion for summary judgment.

Plaintiffs demonstrated that they met all four requirements to be entitled to a permanent injunction preventing Defendant from further infringing on their copyright. The Court will enter an injunction enjoining Defendant from (1) copying, distributing, selling, performing, displaying, or otherwise exploiting TFOK, its planned sequels, or any derivative thereof, and (2) copying, distributing, selling, performing, displaying, or preparing any derivative works based on any copyrighted work by Professor J.R.R. Tolkien, including TLOR. That injunction will also order that Defendant destroy all copies of the infringing work. Plaintiffs' request for a permanent injunction is therefore GRANTED.

Lastly, an award of attorneys' fees is not appropriate here. Plaintiffs request for attorneys' fees is therefore DENIED.

IT IS SO ORDERED.

IV. Conclusion

For the foregoing reasons, the court GRANTS IN PART Defendants' motion for attorney's fees. The award is broken down as follows: $66,610.00 to Amazon Defendants for the work of DWT and $68,027.00 to Tolkien Defendants, of which $57,362.00 is for Klaris's services and $10,665.00 is for MB's services.

IT IS SO ORDERED.

The estate's UK solicitor, Steven Maier of Maier Blackburn, said: "This is an important success for the Tolkien Estate, which will not permit unauthorised authors and publishers to monetise JRR Tolkien's much-loved works in this way.

"This case involved a serious infringement of The Lord of the Rings copyright, undertaken on a commercial basis, and the estate hopes that the award of a permanent injunction and attorneys' fees will be sufficient to dissuade others who may have similar intentions."

• Polychron's lawyer has finally managed to get the Judge to free her from the case.
  
• Polychron appears to be in breach of the contempt order, in that you can still buy his book from Google, and the Estate's lawyers are trying to get sanctions imposed for this contempt.
  

Luckyshot wrote:

Sounds like Google should be a defendant in the next case.