Ken and copyright

[Ken Penders]

Well, shoot. Sorry to hear about this development, Ken.

No need to feel bad for me at this time, Paul. This ruling was very much expected. Anyone following the Marvel-Jack Kirby case could understand why. While the Judge gave Archie the benefit of the doubt, his decision was based on case law precedent that had nothing whatsoever to do with the issues of the trial, and not with any issue dealing with the validity of the contract, as the article correctly states.

Typically, the NY court will generally prove a more favorable setting to publishers and film studios, whereas CA serves as a better home court for writers and artists. This aspect was examined in articles dealing with the Kirby-Marvel case as the Kirby heirs were fighting a similar battle over jurisdiction, citing a precedence for CA over NY. While the Judge gave Marvel the nod over venue, they didn't score the real victory they were seeking, getting the Kirby estate's filing for their copyrights dismissed. So while the publishers won the initial round, it remains to be seen what happens next in both cases. (Actually, the Kirby case is further along, as they're either going through or have completed depositions.)

[Miko]

I'm confused, I thought the trip to NY was out of your budget. Have you any arrangements that'd make the trip possible (not that you have to go into specifics)?

[Ken Penders]

I'm confused, I thought the trip to NY was out of your budget. Have you any arrangements that'd make the trip possible (not that you have to go into specifics)?

It is out of my budget, which is why I'm going to do what others in my position have done previously, namely raise funds through various means - commissioned art sales, fund raisers, etc. Anything raised is going strictly for the expenses of this case. I haven't said anything of the sort before because I've been taking each stage of this a step at a time. We were hoping Archie would negotiate. They didn't. The situation escalated. I have to deal with it. That's what being a grown-up is.

I can't go into specifics beyond that because there is more that has to be done before my lawyers here in LA and I have to get on a plane to NY. Everything involved with this case is not as simple as it reads, requiring lots of decisions, filing of paperwork and so on. And if the government shutdown occurs, it's going to be real interesting to see what effect that has with the judiciary and this case. (That doesn't mean it goes away, but it could affect the timetable. No one really knows anything yet outside of the those preparing for life in the event of a shutdown.)

[Mavrickindigo]

I'm confused, I thought the trip to NY was out of your budget. Have you any arrangements that'd make the trip possible (not that you have to go into specifics)?

It is out of my budget, which is why I'm going to do what others in my position have done previously, namely raise funds through various means - commissioned art sale

I'm assuming Sonic art is out of the question?

[Ken Penders]

I'm assuming Sonic art is out of the question?

I will do full figure black & white pen & ink drawings of any of the characters I created for $50, rendered on standard 11" x 17" comic book 2-ply illustration board. A second character on the same board is $35. The next 3 characters are $25 each. A full cover illustration with more than five characters is $200. Shipping & handling with delivery confirmation is $10 extra. First come, first served. Anything else beyond that, people will have to e-mail me at KenPenders@kenpenders.com with their requests. I am only doing this to raise funds for the cause, so anyone ordering should receive their art within 7 to 14 days once payment is received.

For the more bargain conscious, I will be releasing a poster that I'm certain many will like. I need to do some further checking before I establish a final price point. Stay tuned.

Thank you.

[Luger]

I'm assuming Sonic art is out of the question?

I will do full figure black & white pen & ink drawings of any of the characters I created for $50, rendered on standard 11" x 17" comic book 2-ply illustration board. A second character on the same board is $35. The next 3 characters are $25 each. A full cover illustration with more than five characters is $200. Shipping & handling with delivery confirmation is $10 extra. First come, first served. Anything else beyond that, people will have to e-mail me at KenPenders@kenpenders.com with their requests. I am only doing this to raise funds for the cause, so anyone ordering should receive their art within 7 to 14 days once payment is received.

I can think of a few things I'd like, but it's out of my budget at the moment. That might change over the summer though.

For the more bargain conscious, I will be releasing a poster that I'm certain many will like. I need to do some further checking before I establish a final price point. Stay tuned.

Thank you.

Hopefully it's something Brotherhood related.

[PaulAgnew]

For the more bargain conscious, I will be releasing a poster that I'm certain many will like. I need to do some further checking before I establish a final price point. Stay tuned.

Hopefully it's something Brotherhood related.

Indeed. Maybe it could be that poster featuring Lien-Da and the Brotherhood he mentioned last year that was to be released at SDCC. Come to think of it, did that make it to the convention, or did the Lawsuit halt development in its tracks?

[Luger]

Any news on the legal proceedings?

[Darkfox]

Any news on the legal proceedings?

According to TSSZ the next court date is June 7th.

[PaulAgnew]

Any news on the legal proceedings?

According to TSSZ the next court date is June 7th.

June 7 you say? That's certainly an... interesting date. Nevertheless, here's hoping the court at least gives his case a chance, given NY's track record in terms of publisher Vs creator.

[jameygamer]

http://www.tssznews.com/2011/06/01/ken- ... onic-arts/

Daring. Honestly, I would have waited until the Archie thing was settled before doing this.

[Antarctic Deity]

Well that's certainly not going to end well.

[BobR]

Well that's certainly not going to end well.

Why do you say that, Antarctic? Back up your statement.

[Miko]

Well for one, Ken's already going to go through a financial hurdle going against Archie. Now SEGA and EA? (honestly though EA was led to believe by SEGA that they owned the rights, I don't really see even if SEGA is liable why they should be sued as well). I'm pretty sure a few of us are thinking it would've been wise to see if he even won against Archie, perhaps got some royalty checks and then addressed the matter with SEGA. Though to be perfectly fair to SEGA they may not have had any understanding of how Archie dealt with signing rights away and may have simply assumed they did so properly. After all as someone mentioned it did say at the bottom of the issues that Sonic and related characters were owned by them and Ken never really disputed this. While I can understand suing Archie because the company should know they didn't have a contract on record relinquishing rights, should SEGA know to that detail? Should they really have expected to think Ken owned the characters? And should they really be forced to pay?

[Mavrickindigo]

Well that's certainly not going to end well.

Why do you say that, Antarctic? Back up your statement.

For one thing, Ken is suing SEGA about the use of characters that the courts haven't even decided that he owns yet

[Miko]

Well, yes and that too

[Darkfox]

One thing I don't get is Sonic Chronicles predates Penders fileing his copyrights. So how can Penders say Sonic Chronicles violates his copyrights when they didn't exist when the game came out?

[henryii]

Ken, do you honestly want to be seen more serpentine by people?

[Ken Penders]

@henryii:

Given what was said in Court yesterday, I have to believe you're an Archie troll. A friend found your posts on other websites using the exact same wording.

[Ken Penders]

@ TLSonic:

I have a perfectly good answer to your question, which I will respond to within the next few days after I finish preparing a press release or two for release to the media which will explain a number a items I couldn't address until I had reached this point.

[Miko]

@henryii:

Given what was said in Court yesterday, I have to believe you're an Archie troll. A friend found your posts on other websites using the exact same wording.

Actually Ken, a lot of people do that. Rather than type different variations of the same sort of sentiment on several different forums over and over, some have found it quicker and equally as efficient in communicating their ideas to copy and paste. ;p

[Antarctic Deity]

Henryii is most certainly not working for Archie. He doesn't even like the current run, and is quite vocal about it: learn how to Internet before accusing people of these things.

[Ken Penders]

@ Antarctic Deity:

You have to look at matters from my perspective in this case. I don't go checking websites to see who posts what where, but it was called to my attention that Henryii had posted elsewhere using VERY similar language, but it was not a cut and paste job. However, the language used was indeed very similar as the language directed at me when I was meeting with Archie executives this past Thursday. Coincidence? Maybe. But it was others who called the postings to my attention and voiced similar opinions.

[Lammy]

Check before accusing someone for being an "Archie troll". Henryii is everything but that. Stop with your excuses "it's very similar as the language directed at me when I was meeting with Archie executives ". I'm using english here, same language. Oh I am now an Archie troll

You could at least apologize to him. That's politeness.

[Miko]

It's really over if I'm next