I have an entire rant about how bullshit the lengths of current copyright claims are and how the entire loyalties system works, but that's a subject for another time. Nevertheless, what Laughingcow said; with a sprinkling of still not believing that people should be paid for work they did years previously and have done fuck-all for since.
I'll at least give him some credit, it should be clearly defined in the contract on what exactly you'll be compensated for at the present moment and in the future in the event of compilations or other republishings. Archie deserved to lose because they didn't plan any of this out back in the day and it bit them in the ass. Of course Penders being able to own his Knuckles recolors is stupid and silly, and while maybe he deserved a win for the compensation part due to bad/non existent contracts, he did not deserve to win that or any of his other copyright claims. He should have moved on and made some new things.
What's incomprehensible to me is why he was so attached to those characters in particular? Regardless of sentiment, most other artists simply come up with new characters and worlds to build on when rights become an issue, and that has been one of the key aspects of the indie revival of many game genres. Even FromSoftware created the ever popular Dark Souls instead of clinging to Demon's Souls for dear life. And I personally have no problem ditching characters when they're not working, or they no longer have a purpose beyond the scope of a specific project. Penders can't possibly be so creatively bankrupt that Dress-Me-Up Knuckles OCs are all he has left. I'm sure he'd still have a strong following if he had created something new of his own, despite everything.
He probably assumes their established fan base will crossover with the characters, as well as tricking more casual Sonic fans into assuming it's connected to the Sonic universe and purchasing the comic.
Nothing of the sort. In order blackmail Archie and retain the squandered copyrights, Penders had to show he's actively using them. The Lara-su Chronicles was a scam from the beginning. It was never meant to come out. The fact that we've had several issues of the Fan powered continuation of the Pre-reboot era speaks volumes to this.
That only makes it look worse. Penders choosing to cling to the copyrights out of spite, rather than make money licensing the characters back to Sega on top of anything his own comic earns from unsuspecting Sonic fans.
While I won't be the first to cling to the possibility without substantial evidence, yikes. Just, yikes. This terrifyingly lines up with everything that's happened thus far. How long has it been since Pender's started the initial lawsuit? Several years ago? After all this time, we should have seen something new from him, and still not so much as one comic issue. Instead, we get the occasional low-effort abomination hatched together from texture packs found in the darkest depths of deviantART. I'm beginning to wonder if that's all we'll ever see of Pender's projects. That's a reasonable assumption to make. However, given what the promotional artwork looks like, I don't see how the average Sonic fan could stomach looking at sickly humanoid chihuahuas long enough to read through cluttered speech bubbles. People like comics for their art, I know I do, and if the presentation isn't up to the task, the story would be better told in another format. Doesn't matter if the panels look nice or "bad", the comics medium is wasted on art that's not making any effort to try.
I present that scenario as the logical conclusion of the matter. His unhealthy focus on the monetary side of things over the creative doesn't make him look like a bitter writer/artist but as a simple (unsuccessful) con-man trying to take Archie/Sega for a ride. In the event that is true, it is safe to assume Penders would never admit to such. While others may wait for evidence, if I learned anything from Dashiell Hammett's "The Thin Man", by the time you get the proof you need, it may be way too late and they'll be on a plane to a non-extradition country with the loot. (That's not a spoiler BTW). Gonna call it like I see it, and considering there has been a fan powered continuation of the pre-reboot universe, you'd think someone with such an attachment would have contacted them to get involved. I'd put money on that the worthless vagabond doesn't even know the project exists. I could go on, but I think all that needs to be said has been said at this point. This isn't about creator's rights, it's about scamming publishers. Because the other conclusion, that he wanted his characters for some great big project that was his true creative vision that has stalled for years despite the lawsuit (the one thing that would stall production) being long over sounds like bad fiction. Did I say "bad fiction"? I mean bullshit. Edit: Relevant song [media]https://www.youtube.com/watch?v=fkPNWEXV8cg[/media]
If anything, I can confirm that he's been working on some actual pages and data-files, and that he paid people, including me, for translating them.
My comment wasn't about this Ken Penders business specifically. "People shouldn't be paid for work they did years previously" is a really weird stance to take when it comes to publishing. It doesn't make any sense. If a book Stephen King wrote 10 years ago is still selling then he should still be getting paid royalties in proportion to the copies sold. If Marvel or DC or IDW reprint a comic from 5 years ago they continue to make money on it. If they've agreed in contract to give a small cut of that profit to the freelance writers and artists who created the comic, what's the harm in that?
Well, to be fair, I'm sure Bollers would be fine with it but unfortunately Penders would likely come after the group using him because "hurr durr I came up with the unnamed scientist Knuckles reskin that became Finitevus," just like Scourge.
That's the problem, you aren't talking about Ken Penders specifically or his specific circumstance. When you treat things on an individual basis, your argument falters. Stephen King wrote the entirety of his books all by himself on which he had to pitch to publishers. There was no guarantee that they would be published and (unlike Penders) Stephen King had a real job as a school teacher. They is by no means a unique scenario, Stephen King did all the work hence he gets royalties, a cut of the profit from selling the movie rights, and exerts a good deal of control because he was the end all creator of everything unlike Penders who was working with a pre-established character/series on a freelance basis. And if you were to drag Marvel and DC into this, I'll remind you again that reprints are NOT an infinite thing. Hell, we're still waiting for a complete reprint of Sandman Mystery Theater from DC. And that's not getting into the side of whether or not the reprinting will be profitable or not. Perfect example being the Marvel Absolute series of reprints where they were done in black & white as opposed to color because they don't do well. Not every comic book fan is a collector, and digital comics ensure they are always on hand for those who just wish to read them not own them. Furthermore, even if you have something that is an unrelenting success like Cerebus, that doesn't mean reprints will sell out immediately or if at all. If you don't know what Cerebus is, look it up. It's a perfect example of what I mean. Similar situation with Scud the Disposable Assassin and that had a fucking video game on the sega saturn. When I look at Ken Penders, when I see his situation on a purely individual basis, I can say without issue that he doesn't deserve any royalties or ownership for the work put in. Now Jamie Delano, the guy who made John Constantine what he is today, deserves royalties but even then, breaking that down. Cost of the Trade Paperback: $19.99 USD Percentage taken at sale from comic book shop: %30 (average I get from talking to local comic shop, may vary from book to book) Cost of transportation via diamond: %20 (may vary depending on load) Cost of printing the trade: $4 per unit (may be higher depending on the volume, let's assume 1000 units) That leaves a good $6 left to be divided amongst the publisher, writer, penciller, inker, colorist, and editor. They all worked on the book so they'd all get $1 if we go that route. That also assumes the books sell out which chances are they won't because most buyers look for new books not old. James O'barr doesn't live off of money he made from the Crow, he'd be broke if he did. Same with Warren Ellis for his work on Transmetropolitan or Rick Remender for his work on Fear Agent.
Laughingcow, I think we're getting our wires crossed. I'm not saying that everyone should receive royalties even if a product doesn't sell, or that it should equal a living wage, or that every work for hire contract should include royalties. I'm disagreeing with the premise that nobody should ever ever ever receive royalties for something they created 24+ months ago.
It's not crossed wires, the issue is far more complex than the simple moral you're pushing. To try and simply thing. Big publishers like DC and Marvel could afford paying royalties for the stuff they reprint which in many cases they do. Smaller guys like Archie, IDW, and Dynamite cannot because they don't make enough money to do so. And again, on the individual basis of Ken Penders, no. Just no.
This is definitely crossed wires. All I'm saying is that there are many cases where a person should get paid for work they did years ago. Stephen King? Yes. Ken Penders? Probably not.
Guys, you're consuming the thread and we don't want another Notable News thing. And yes, I'm bitter about that. Penders deserves nothing, considering his actions that brought about the Archie Sonic demise. So there, done.
I don't think this is remotely comparable to what happened in the news thread? Two people are having a pretty calm, reasonable dialogue about whether comic artists should get royalties for their work. Although, as far as Archie is concerned, they've seemingly done everything possible to throw Penders' characters and relevant reprints under the bus. He's never getting a cent for burning bridges with the company *and* the fans at large. He's a fringe case in this sort of debate.
It looks like they've taken a page full of discussion about a topic they don't see eye to eye on. But I agree with your assessment. Penders burnt his bridges and now he's stuck on the island.
Nobody was flinging poop, (or touching it) but I'll agree that even though Penders helped punt the debate about royalties in comics, it's technically irrelevant to the topic because Archie is actively starving him of compensation either way. I think they played it smart by retconning everything and starting from scratch. (As unfair as that is to everyone else who worked on the Archie Sonic series, and those who liked some of Pender's characters.) And now IDW has the Sonic IP, so any hopes of royalties are dead in the water. Would Archie be able to publish reprints now, even if they wanted to?
