This is not a review of The Hobbit: The Desolation of Smaug, but I’ll share some impressions for context. Though it kept me entertained, I didn’t think it was very good. The story felt padded; the implausible action scenes lacked tension; the moralizing was often forced. But for all that, I’m glad the movie was made because it means that the narrative of Middle-earth is still alive.

Storytelling belongs to the public consciousness. All the copyright laws in the world cannot stop that being true. It is human nature to imitate: it is how we learn to talk, to dress, to be polite, to live in society. It is embedded in human nature to take in stories and breathe them out again. This is not to say there is no place for copyright. As long as we live in a nominally free market society, artists must be able to make money from their work for art to flourish, and copyright (ideally) gives them control over distribution of their work to prevent market saturation and grant them remuneration. But if copying must be restricted, the creation of art itself is naturally free: the mind flies to it as it flies to love, and no prison nor prison sentence can stop it.

One common complaint about derivative works is that they are often bad quality. And this is true. (It’s true of original works just as much.) I would argue that The Hobbit: The Desolation of Smaug, despite a great deal of talent and effort, is bad quality in many ways. It’s a legal, licensed work, but aside from giving it a big budget, that doesn’t affect whether it’s good or bad art. Likewise, some still claim fan fiction has dubious legality, but that has no bearing on whether it is brilliant or painful to read. Art is speech, and democratic society has long understood that respecting freedom of speech exposes us to reams of stupid speech. That is a very small price to pay for the freedom to share thought and learn and grow as individuals and cultures.

I don’t doubt that Tolkien would be rolling over in his grave at the excesses of the Jacksonverse. In this particular movie, I suspect he’d find the Elf-Dwarf romance ridiculous, the sex joke appallingly inappropriate, the fight scenes mostly absurd and undercutting of the quieter narrative of Bilbo’s clever heroism–and that’s just for a start. I wouldn’t be surprised if his heirs have similar feelings. I have many of the same feelings myself.

Who cares? We don’t really deserve any say in how others choose to retell a tale. I mean this as a statement about natural rights rather than gracious conduct. A gracious standard of conduct might well choose to consult with a respected original author or their heirs, might make an effort not to bruise their feelings, might listen to critiques and revise accordingly. But a narrative belongs to the mind of every person it has touched. And no one has a right (regardless of the current law of the land) to tell any person not to re-envision that narrative however they wish.

Without such re-envisioning, The Hobbit is just a novel, a good novel, written in the 1930s in Britain, growing slowly more remote from the language, tastes, and customs of the new century. Without this re-envisioning, one day it will die. And so we create new versions, and they have women and more action and additional tie-ins to The Lord of the Rings and sex jokes and a younger, sexier Thorin and a scarier Ring. And out of what might be considered the mess of this particular version, out of the sloppy, poorly paced, bad taste et cetera comes a new perspective on an old story.

I liked the scarier Ring, the almost-heavy handedness in showing its immediate hold on Bilbo, the changes in his behavior when he fears he’ll lose it. I liked the general tone of foreboding, the sense of social breakdown among the Wood Elves and the Lake Men that presages the cataclysmic War to come in The Lord of the Rings. Tolkien could not have done this for the simple reason that he hadn’t yet written The Lord of the Rings when he wrote The Hobbit. Whether or not he would have done it if he had already developed the full history of the War of the Ring is moot (as an Ent would say). The story left Tolkien years ago. It is our story now. It is Peter Jackson’s. It is mine. It is yours. And as the years pass and its iterations continue to ripple out–a cartoon here, a CGI-heavy trilogy there, a radio drama, a few thousand fan fics, and who knows what–it will be reshaped by the minds it meets, often badly but perhaps one day with hammer-blow of genius that will truly reinvent it. Perhaps Tolkien has yet to meet his Shakespeare. But the tale will always be reshaped to meet the changing world it continues to speak in. And it will keep living, as art has to if the human spirit is to thrive.

Submission by Arwen Spicer

Artistic Freedom, or This Is Not a Review of The Hobbit
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