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THE KEN PENDERS CHRONICLES: THE MACKENING It's fine to trace, kids, Marvel does it

#16 User is offline Metal Knuckles 

Posted 07 July 2010 - 06:22 PM

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This is awesome. I can't get this shit eating grin off my face.

#17 User is offline tuddy 

Posted 07 July 2010 - 06:22 PM

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QUOTE (Frozen Nitrogen @ Jul 7 2010, 11:57 PM)
I find it difficult to believe he'll have a leg to stand on legally. Archie or SEGA owns the Archie Sonic characters, surely.

That's basically it. Sonic Chronicles is, according to Penders, a derivative work, because the plot is similar to the Knuckles comics.

So let's put this into perspective - he had a bitchfit over an original story using SEGA-made characters that could potentially be a homage (I assume BioWare has some fans of the Sonic comics in its staff) or derivative work of an original story using SEGA-made characters. Both of which were authorised by SEGA, and are therefore using all the Sonic characters with permission.

Either he'll be laughed out of court; or sued by Archie and/or Sega for trying to copyright -their- copyrighted characters (I do believe that, yes, all the original content from the Archie comics is copyrighted to them; but have no way to confirm this).

#18 User is offline OSM 

Posted 07 July 2010 - 06:26 PM

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This is actually pretty funny, I can't stop grinning.

#19 User is offline Andlabs 

Posted 07 July 2010 - 06:29 PM

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QUOTE (quarterman @ Jul 7 2010, 07:21 PM)
Not to mention that if Archie didn't copyright the stories, they would be public domain.
Actually in the mid-1980s US copyright law changed so that works were automatically copyright unless stated otherwise, so even if Archie didn't copyright the work outright it would still have been copyright. However the point is Archie is the technical owner of the copyright, not Ken alone.

#20 User is offline The KKM 

Posted 07 July 2010 - 06:33 PM

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He's not copyrighting SatAM material though, he's copyrighting original characters of his like pratically any echidna ever

#21 User is offline Xeric 

Posted 07 July 2010 - 06:33 PM

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He's claiming ownership of Geoffory St. John? I'm pretty sure he was in SatAM. :x

#22 User is offline TSSZNews 

Posted 07 July 2010 - 06:37 PM

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No matter what, it's gonna get really ugly, really fast.

That said, I think we all need to remember that he's not trying to lay a copyright on SwatBots, or Sally Acorn, or the major players here from SatAM. If I read this statement correctly, we're talking Lien-Da, Geofrey St. John (he was comics only, Xeric), Dark Legion, etc....who, in my mind, are either secondary characters, or characters who have only existed in the Archie series under his tenure. Remember also that he consulted with an IP attorney regarding this before proceeding, so it's not like he's doing this blindly.

If there's no paper trail—that is, if Archie didn't make him sign a contract regarding who owns what, he may have a case. I'm not saying he'll win without a fight, but it makes it hard for Archie to cleanly win, too.
This post has been edited by TSSZNews: 07 July 2010 - 06:38 PM

#23 User is offline Dr. Mecha 

Posted 07 July 2010 - 06:42 PM

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QUOTE (The KKM @ Jul 7 2010, 06:33 PM)
He's not copyrighting SatAM material though, he's copyrighting original characters of his like pratically any echidna ever

Most of which Ian killed off with Eggman's life-draining EggGrapes.

#24 User is offline Quarterman 

Posted 07 July 2010 - 06:46 PM

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QUOTE (Dr. Mecha @ Jul 7 2010, 04:42 PM)
QUOTE (The KKM @ Jul 7 2010, 06:33 PM)
He's not copyrighting SatAM material though, he's copyrighting original characters of his like pratically any echidna ever

Most of which Ian killed off with Eggman's life-draining EggGrapes.

Slightly off topic, but I always did see that as kind of a "fuck you" to Penders.

#25 User is offline Quickman 

Posted 07 July 2010 - 06:48 PM

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I'm no expert, but it looks to me like he's desperately shooting himself in the foot and trying to garner sympathy. It's pretty standard practice in just about any field to ensure in the contract you sign when hiring an employee or commissioning a creative type that their copyright (which they own by default - you don't need to go to the US Copyright Office, that's dumb) is automatically transferred to the company. I can't believe Archie would be stupid enough to forget that one.

Just something to bear in mind.

WHOOOSH

#26 User is offline Xeric 

Posted 07 July 2010 - 06:50 PM

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QUOTE (TSSZNews @ Jul 8 2010, 12:37 AM)
Geofrey St. John (he was comics only, Xeric)




They changed the design slightly when he was introduced.


#27 User is offline TSSZNews 

Posted 07 July 2010 - 06:59 PM

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QUOTE (Quickman @ Jul 7 2010, 07:48 PM)
I'm no expert, but it looks to me like he's desperately shooting himself in the foot and trying to garner sympathy. It's pretty standard practice in just about any field to ensure in the contract you sign when hiring an employee or commissioning a creative type that their copyright (which they own by default - you don't need to go to the US Copyright Office, that's dumb) is automatically transferred to the company. I can't believe Archie would be stupid enough to forget that one.


Since I've nearly had to go to court for defending one of my own copyrights (that's right, kids, you don't know the half of my past issues! emot-ssh.gif ) I can speak to the "own by default" point.

Yes, a copyright is theoretically automatically granted once you create the work. However, if you want to defend those rights, *the* least stressful option is to get it registered with the US Copyright Office. You actually need a certificate from the office in order to initiate a claim in federal court. That Ken went through the process (and trust me, it's an arduous one—it took me over 18 months to get a certificate for one work) shows me he's serious about enforcing this. If Archie doesn't have any on file regarding the characters, it could be bad news. It's prolly worth investigating since Copyright records are online and in public record.

On the other point of contracts...given some of the stories I've heard about Archie not doing its due diligence on matters more basic than this, it really wouldn't surprise me if there was no contract in place, as dumb as it sounds.

Xeric: Did he even have a name in SatAM? Otherwise, when you get to the legal heart of the matter, that could be anybody.
This post has been edited by TSSZNews: 07 July 2010 - 07:00 PM

#28 User is offline trakker 

Posted 07 July 2010 - 07:03 PM

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The'll just have to make *upbeat fruity voice* New Characterrrrrrrrssssssss~

Its not that hard, as an arty person, I could roll out atleast 10 within the hour lol

They could pull a startrek reboot, just go back in time, do some kinda timebomb with the timestones or something and just erase everything after 160 and start again XD
This post has been edited by trakker: 07 July 2010 - 07:07 PM

#29 User is offline Solaris Paradox 

Posted 07 July 2010 - 07:09 PM

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... =/

Well, sai Penders, good luck with that.

#30 User is offline Cinossu 

Posted 07 July 2010 - 07:25 PM

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There's only one thing I have to say about Ken Penders..


For those that don't realise it, this is from Ken's wonderful 'new' comic The Lost Ones. No, I didn't edit those eyes.

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