THE KEN PENDERS CHRONICLES: THE MACKENING It's fine to trace, kids, Marvel does it
Posted 07 July 2010 - 06:22 PM
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).
Posted 07 July 2010 - 06:29 PM
Posted 07 July 2010 - 06:37 PM
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.
Posted 07 July 2010 - 06:46 PM
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.
Posted 07 July 2010 - 06:48 PM
Just something to bear in mind.
Posted 07 July 2010 - 06:59 PM
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! ) 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.
Posted 07 July 2010 - 07:03 PM
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