:?
In 1937, JRR Tolkien published a fantasy novel called "The Hobbit".
(however)
From Wikipedia:
(and)
From Wiktionary:
(and)
From Wikipedia:
...and just for good measure, consider such surnames as
Hobet
Hobett
Hobbett
Hobbert
Habbit
etc
So...
Did JRR Tolkien originate the word "hobbit"? -- No.
Does the word "hobbit" appear in numerous published books and documents which long predate Tolkien's fantasy novel? -- Yes.
Is the word "hobbit" an archaic British word, describing variously a creature from folklore, a unit of measure, and a type of surname? -- Yes.
Are these earlier books and documents currently in "public domain"? -- Yes.
Is the word hobbit therefore in "public domain"? -- QED.
Well, then. Please explain this:
From ITProportal.com:
In 1937, JRR Tolkien published a fantasy novel called "The Hobbit".
(however)
From Wikipedia:
The Denham Tracts constitute a publication of a series of pamphlets and jottings on folklore, fifty-four in all, collected between 1846 and 1859 by Michael Aislabie Denham, a Yorkshire tradesman. Most of the original tracts were published with fifty copies (although some of them with twenty-five or even thirteen copies). The tracts were later re-edited by James Hardy for the Folklore Society and imprinted in two volumes in 1892[1] and 1895. It is possible that J.R.R. Tolkien took the word hobbit from the list of fairies in the Denham Tracts.[2]
...
[edit] List of spirits and fairies
This is a long list of spirites and bogies, based on an older list, in the Discoverie of Witchcraft, dated 1584,[3] with many additions, a few repetitions and mention of many creatures that do not appear elsewhere. While the fact that the tracts contain creatures that are not referenced anywhere else could indicate that Denham had researched the subject more thoroughly than others of his time, a lack of other sources makes some think this unlikely despite Denham being regarded as a trustworthy source of information.
"What a happiness this must have been seventy or eighty years ago and upwards, to those chosen few who had the good luck to be born on the eve of this festival of all festivals; when the whole earth was so overrun with ghosts, boggles, Bloody Bones, spirits, demons, ignis fatui, brownies, bugbears, black dogs, spectres, shellycoats, scarecrows, witches, wizards, barguests, Robin-Goodfellows, hags, night-bats, scrags, breaknecks, fantasms, hobgoblins, hobhoulards, boggy-boes, dobbies, hob-thrusts, fetches, kelpies, warlocks, mock-beggars, mum-pokers, Jemmy-burties, urchins, satyrs, pans, fauns, sirens, tritons, centaurs, calcars, nymphs, imps, incubuses, spoorns, men-in-the-oak, hell-wains, fire-drakes, kit-a-can-sticks, Tom-tumblers, melch-dicks, larrs, kitty-witches, hobby-lanthorns, Dick-a-Tuesdays, Elf-fires, Gyl-burnt-tales, knockers, elves, rawheads, Meg-with-the-wads, old-shocks, ouphs, pad-foots, pixies, pictrees, giants, dwarfs, Tom-pokers, tutgots, snapdragons, sprets, spunks, conjurers, thurses, spurns, tantarrabobs, swaithes, tints, tod-lowries, Jack-in-the-Wads, mormos, changelings, redcaps, yeth-hounds, colt-pixies, Tom-thumbs, black-bugs, boggarts, scar-bugs, shag-foals, hodge-pochers, hob-thrushes, bugs, bull-beggars, bygorns, bolls, caddies, bomen, brags, wraiths, waffs, flay-boggarts, fiends, gallytrots, imps, gytrashes, patches, hob-and-lanthorns, gringes, boguests, bonelesses, Peg-powlers, pucks, fays, kidnappers, gallybeggars, hudskins, nickers, madcaps, trolls, robinets, friars' lanthorns, silkies, cauld-lads, death-hearses, goblins, hob-headlesses, bugaboos, kows, or cowes, nickies, nacks, waiths, miffies, buckies, ghouls, sylphs, guests, swarths, freiths, freits, gy-carlins[1], pigmies, chittifaces, nixies, Jinny-burnt-tails, dudmen, hell-hounds, dopple-gangers, boggleboes, bogies, redmen, portunes, grants, hobbits, hobgoblins, brown-men, cowies, dunnies, wirrikows, alholdes, mannikins, follets, korreds [2], lubberkins, cluricauns, kobolds, leprechauns, kors, mares, korreds, puckles, korigans, sylvans, succubuses, blackmen, shadows, banshees, lian-hanshees, clabbernappers, Gabriel-hounds, mawkins, doubles, corpse lights or candles, scrats, mahounds, trows, gnomes, sprites, fates, fiends, sibyls, nicknevins, whitewomen, fairies, thrummy-caps[3], cutties, and nisses, and apparitions of every shape, make, form, fashion, kind and description, that there was not a village in England that had not its own peculiar ghost. Nay, every lone tenement, castle, or mansion-house, which could boast of any antiquity had its bogle, its spectre, or its knocker. The churches, churchyards, and crossroads were all haunted. Every green lane had its boulder-stone on which an apparition kept watch at night. Every common had its circle of fairies belonging to it. And there was scarcely a shepherd to be met with who had not seen a spirit!"[4]
(and)
From Wiktionary:
The word hobbit has an unknown origin. However, as designating a diminutive legendary creature, it fits seamlessly into a category of English words in hob- for such beings. The Middle English word hobbe has manifested in many creatures of folklore as the prefix hob-. Related words are : hob, hobby, hobgoblin, Hobberdy Dick, Hobberdy, Hobbaty, hobbidy, Hobley, hobbledehoy, hobble, hobi, hobyn (small horse), hobby horse (perhaps from Hobin), Hobin (variant of the name Robin), Hobby (nickname for Robert), hobyah, Hob Lantern.
The only source known today that makes reference to hobbits in any sort of historical context is the Denham Tracts by Michael Aislabie Denham. More specifically, it appears in the Denham Tracts, edited by James Hardy, (London: Folklore Society, 1895), vol. 2, the second part of a two-volume set compiled from Denham's publications between 1846 and 1859.
(and)
From Wikipedia:
The hobbit (also hobbett, hobbet, or hobed, from Welsh: hobaid) is a unit of volume or weight formerly used in Wales for trade in grain and other staples. It was equal to four pecks or two and a half bushels, but was also often used as a unit of weight, which varied depending on the material being measured. The hobbit remained in customary use in markets in northern Wales after Parliament standardized the Winchester bushel as the unit of measure for grain, after which courts gave inconsistent rulings as to its legal status.
[edit] Usage
The hobbit was defined as a measure of volume, two and a half imperial bushels, but in practice it was often used as a unit of weight for specific goods.[1] According to George Richard Everitt, Inspector of Corn Returns for Denbigh in northern Wales, when examined by the House of Commons in 1888, grains were sold by the hobbit, measured by weight. A hobbit of oats weighed 105 pounds, a hobbit of barley 147 pounds, and a hobbit of wheat 168 pounds. The figures in hobbits were then converted to standard imperial bushels for official reporting.[2] In addition to grains, there was also a hobbit of beans at 180 pounds[1], and in Flintshire, a 200-pound hobbit of old potatoes, or 210 pounds of new potatoes.[3] Around 1600, Welsh farmland was sometimes denominated by its productive capacity or measure of seedness instead of its physical area, so that in at least one case a plot was registered as "a hobbett of land," that is, large enough to grow one hobbit of grain per year.[4]
Already in 1863, the hobbit was used as an example of the "customary confusion in our British weights and measures." An anonymous contributor to Charles Dickens's journal All the Year Round, arguing in favor of the decimal metric system, noted that[5]
If [I buy wheat] at Wrexham, [I must order] by the hobbet of one hundred and sixty eight [pounds]. But, even if I do happen to know what a hobbet of wheat means at Wrexham, that knowledge good for Flint is not good for Caernarvonshire. A hobbet of wheat at Pwlheli contains eighty-four pounds more than a hobbet at Wrexham; and a hobbet of oats is something altogether different; and a hobbet of barley is something altogether different again.
...and just for good measure, consider such surnames as
Hobet
Hobett
Hobbett
Hobbert
Habbit
etc
So...
Did JRR Tolkien originate the word "hobbit"? -- No.
Does the word "hobbit" appear in numerous published books and documents which long predate Tolkien's fantasy novel? -- Yes.
Is the word "hobbit" an archaic British word, describing variously a creature from folklore, a unit of measure, and a type of surname? -- Yes.
Are these earlier books and documents currently in "public domain"? -- Yes.
Is the word hobbit therefore in "public domain"? -- QED.
Well, then. Please explain this:
From ITProportal.com:
Hollywood legal teams threaten UK businesses over "Hobbit" usage
Written by
Jon Martindale
13 March, 2012
hollywood lawyers tolkien hobbit
Completely playing into their lack of logic and care stereotype, lawyers for the company that owns the movie adaption copyright of JRR Tolkien's catalogue of novels have threatened several UK businesses with legal action if they don't stop using the word "hobbit."
That company is known as Tolkien Enterprises - I wonder if the Tolkien family consider that a breach of copyright? - and it's owned by 91 year old millionaire Saul Zaentz. He's the man behind such movies as The English Patient and Amadeus and it's his studio - Saul Zaentz Company - that was behind the Lord of the Rings Trilogy - though the currently in-development Hobbit has been licensed.
Most recently Mr Zaentz and his legal team have threatened a pub calling itself "The Hobbit", though in the past they also targeted a sandwhich bar named "Hungry Hobbit" and a wooden lodge maker because it named one of its creations "hobbit houses." Perhaps he believes that these small British businesses will somehow damage his brand or affect his own vast revenue stream?
Understandably none of these businesses are able to legally compete with a company that has the kind of money to splash out on frivolous lawsuits, but complying with the wishes damages their own brands - the former two busineses having operated for several years under their names.
It's not like Tolkien even invented the word Hobbit. While he at times claimed he had, it seems most likely he drew inspiration from its earlier usage in the Denham Tracts, published in 1892.
If you'd like to help the Hobbit pub, there's a growing campaign on Facebook that should give you a few ideas.
Source: Daily Echo