From Rick Priestly:

... I'll have a go at putting this as straight-forwardy as I can - I'm not a legal expert but I did have to deal with all this when we started the LOTR thing

GW has a specific license with Tolkien Ents for The Hobbit. GW also has a license for LOTR - BUT - the two properties are separate. We are not allowed to mix the two - and if we were to do so that would be regarded as quite a bad thing by TE.

BOFA is our game for The Hobbit - so it can only include such things as are consistent with The Hobbit book.

If I ever get to do the next game in the series - Helms Deep say - that would be a separate game for LOTR. Both BOFA and HD would be 'Great Battles of Middle-Earth' but one for the Hobbit and one for LOTR. Until we have a LOTR game we cannot make miniatures for LOTR and we can't have LOTR army lists or anything...