Helge Fauskanger, le webmaster du site Ardalambion, a eu lui aussi à faire face à cette question.
L'un des arguments qu'il utilise pour sa défense est le suivant :
"The language "itself" is not to be likened to a fixed text in or about it; it is an entirely abstract system, and for anything to enjoy copyright protection it must first of all have a fixed form to be protected. Arguing that the very grammatical structure and vocabulary of the language is its "fixed form" is no use, for this is an abstract system, not a "form". Any actual text about (or in) a language is indeed protected, but not the language "itself"."
(Quenya course, Introduction)
D'après lui, il est impossible d'établir un copyright sur un langage.
Cependant il ajoute :
"If anyone were to write new fantasy stories involving Elves speaking a language called Quenya, and there were samples demonstrating that this is indeed Tolkien's Quenya, this would obviously be the same kind of plagiarism as if any fantasy writer were to "borrow" a city called Minas Tirith, and the description in the book made it clear that this city happened to be built on several levels and was overlooked by a white tower."
Je te conseil de lire ce texte, peut-être y trouveras-tu des réponses plus claires.
E.