Tolkien wrote the dark tale when he was but a 22 year old student. It is based on a character from Kalevala, the Finnish national epic, which he as a linguist studied. His biographer has said that the work was important for the creation of new languages. Tolkien himself has commented that it was then that he began writing legends of his own.
(Score: 2) by VortexCortex on Monday June 15 2015, @10:55PM
Look, no work deserves any copyright since we have never proven that this fulfills the stated goal of granting monopolies over duplication to promote science and the arts. We could do the experiment and end copyright and patent monopolies then test whether science and the arts actually benefit from them, but we haven't, despite the fact that we could re-instate whatever crap law we want after the experiment and despite the fact that the very lucrative Fashion and Automotive industries lack copyright and design patent protections yet remain exceedingly innovative. The only reason the US has a copyright and patent system is because the brits had one. No one has ever tested whether these "IP" laws were beneficial, needless cruft, or harmful (which is most likely the case).
Now, more to the point: In this current copyright environment, if I were Tolkien I would keep releasing secret fantasy tales long after my death, perhaps employing some living benefactor to manufacture them posthumously, thus ensuring they continue to benefit from name recognition due to my past works even if there is literally no way in hell for myself to be incentivized thereby into creating new works.