flyboy_fox: (Anti-Tails)
[personal profile] flyboy_fox
http://www.kenpenders.com/forums/viewtopic.php?f=9&t=133
---
As of April 21, 2010, the U.S. Copyright Office finally began certifying my copyright claims (which I initially filed beginning back in January 2009) on every single story I ever wrote, penciled or both for Archie Comics. As a result, I am now officially recognized by the U.S. Government as the owner of every single SONIC and KNUCKLES story I ever created (well, almost every one right now, but it will be “all” shortly, as soon as the Copyright Office finishes with the last few claims. But I digress…).

What does this mean?

That means anyone seeking to use my characters, concepts and stories that were published in the pages of SONIC THE HEDGEHOG, various SONIC 48-page specials, various issues of SONIC SUPER SPECIALS, the PRINCESS SALLY mini-series, the SONIC'S FRIENDLY NEMESIS KNUCKLES mini-series, KNUCKLES THE DARK LEGION and the KNUCKLES THE ECHIDNA series, must first contact me for permission and to make arrangements for the use of this material.

For example, if someone were to display a panel or page from a story I wrote and illustrated on their website, or planned to make a poster from a cover I drew, they must contact me for permission first before doing so. They will be asked to place the proper copyright notice – for example, “© 2010 by Ken Penders” - alongside the graphic image.

As for how it affects the SONIC THE HEDGEHOG titles published by Archie Comics, while it does not prevent them from publishing the SONIC series, they are not allowed to use any of my characters, concepts or stories without further discussion with my representatives. For now, they cannot reprint any of my stories in any media whatsoever, nor can they use any of my characters. Julie-Su, Geoffrey St. John, Hershey, Rob O' the Hedge, Lien-Da, the Dark Legion along with the rest of the characters and concepts I created - including the alternative universes and future timeline - cannot appear in the series.

Every story since issue #160 that features my characters and concepts is essentially unauthorized, as I did not grant Archie Comics the right to use my creations for their benefit without compensation to me.

I am currently at work creating a new story featuring my characters, the first of which is a tale of Lara-Su learning about her family, in particular the early days of her grandparents Locke and Lara-Le leading up to the time of the birth of their child. Whether or not this new story or others will feature SONIC and KNUCKLES is a decision only SEGA can make. However, there are plenty of stories to be told with the cast I already have created, and there is a sizable audience for those stories.

I initially took the action of reclaiming my work when I was contacted by many SONIC fans asking me if I had contributed in any way to the development of the video game SONIC CHRONICLES: THE DARK BROTHERHOOD. I was then startled to learn how many characters and concepts from the KNUCKLES series I created were adapted within the framework of the game's storyline. It was clearly obvious why suddenly so many fans sat up and took notice.

While I initially contributed to the SONIC mythos within the pages of the various SONIC-related comic series, I did not sign any agreement allowing my work to be used in another media. During this time, I consulted with Michael Lovitz, an Intellectual Property attorney based in Beverly Hills, who advised me of my rights and how to proceed to protect those rights.

At this time, anyone distributing and selling copies of SONIC ARCHIVES Nos. 3 through 13, SONIC SELECT Nos. 1 and 2, as well as any of the latest issues of SONIC THE HEDGEHOG and SONIC UNIVERSE that feature my characters in any way, shape or form will be asked to cease and desist or else risk facing the consequences. This includes any version of said material, which also includes my original works, which sees release in any format beyond the original published comic books, including but not limited to digital downloads. (Yes, the iTunes and iPhones stores distributing my stories are currently infringing my copyrights, and are in the process of being made aware of this infringement.)

Discussion of this news is welcome on the bulletin board elsewhere on this website, where I will respond to legitimate questions based on my schedule. Thank you.
---

Fuck you very much, Mr Penders. Fuck you sideways up the ass with a spiked baton. FUCK YOOOUUU.

*Puts trust in Ian's lawyers to sort this fucking mess out* >_>

EDIT: "And before anyone asks, yes, Scourge is also off-limits as he is derived from a character I created. (I may not be able to use that character either in this instance, but that doesn't mean SEGA gets automatic ownership either, given the current circumstances.)"

RAEG GHKGHKGKHGKHGHKJGYFITY >______>

Edit: "You know.. actually... I've been thinking about this? Penders claims he started this in January of 2009, right?

Funny, that... it's about the same time that 'Evil Sonic' showed back up, without his name ever really being said, and suddenly became Scourge. Who wears different shoes, a different jacket and different sunglasses.

It's about then that they started calling it 'Moebius' instead of 'Anti-Mobius'. And not long after that, his gang got a name change, to the Suppression Squad, they all changed in appearances and all go by different names now, too.

The Dark Legion isn't the Dark Legion anymore either, you notice. It's now the Dark EGG Legion... and Lien-Da was just changed as well. Very drastically. Even Monkey Khan got a new name and a new look!

I'm getting the feeling that Archie knew this was coming... The more I look at it, the more I see it." - [livejournal.com profile] carriepika

THAT is very interesting and I'm thankful that you pointed that out! Curious indeed.

Date: 2010-07-07 11:52 pm (UTC)
From: (Anonymous)
Oh FUCK no. Look, I respect Penders highly as a writer, but he can't fucking do this to his fans. The only PART of Archie Sonic I still enjoy are the parts involving the characters he created. If they have to stop using them, I just won't read it anymore.

Date: 2010-07-07 11:57 pm (UTC)
From: [identity profile] flyboy-fox.livejournal.com
I always held a lot of respect for him too, but this just feels like a slap in the face to all the fans who really enjoy these characters he created. Ugh.

Hopefully it won't go anywhere... but my fear is that even if he can't legally stop them being used, the Archie team will choose to phase them out voluntarily and focus on new characters to avoid drama :\

Date: 2010-07-08 12:07 am (UTC)
From: (Anonymous)
It would be a pretty big deal just to toss many of them out. but I could honestly see it going that way. It already looked like they were in the process of writing some of the characters out of the main plot, but how would they handle losing all of the buildup between Knuckles and Julie-Su? Getting rid of her would ruin all of the progress he made as a character and would either require that they just illogically ignore all continuity and erase her from the storyline, or ruin his character in order for him to deal with the loss.

Date: 2010-07-08 12:09 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
It'd fuck things up a lot. Would pretty much require a complete reboot of certain parts of the comic's canon x.x

My peeve is that the writers hinted that Scourge would come back, but my above edit shows that he seems to be actively trying to block that :\ I am just so pissed.

Date: 2010-07-08 12:44 am (UTC)
From: (Anonymous)
I'm hoping that the worst thing that can happen in the case of Penders actually possessing any legal clout is that he'll let them keep using the characters, but only with his input. It seems like such a kick in the ass, but Penders IS a competent writer, so even so that would be a passable solution to the whole fucking mess. And admittedly, I've missed his influence and have on occasion thought the current Archie staff were doing stupid things with his concepts (killing future Rotor's partner, for starters).

Date: 2010-07-08 12:46 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
RIP Cobar and the notion of the comics having a gay walrus in their midst ):

Date: 2010-07-08 08:03 pm (UTC)
From: [identity profile] minniemousegirl.livejournal.com
EXACTLY....why go on? What COULD they do to replace that gap?

Date: 2010-07-08 12:01 am (UTC)
From: [identity profile] carriepika.livejournal.com
I have a feeling Mr. Penders is going to be in for a massive shock when he looks over his old contracts with Archie properly.

Unless Archie was that stupid and didn't make him sign a contract that said everything he did while working for them was THEIRS.

At which point, they need a kick in the ass.

Penders has needed more than a kick in the ass for a long, long time. Don't mistake it. He doesn't give a shit about a single one of any of his fans, despite the way he talks. If he did, this wouldn't be happening. All Penders cares about is being 'famous'. He's proven it repeatedly and he's just doing so even more.

And people wonder why I despise the man so much.

Date: 2010-07-08 12:05 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
"And before anyone asks, yes, Scourge is also off-limits as he is derived from a character I created. (I may not be able to use that character either in this instance, but that doesn't mean SEGA gets automatic ownership either, given the current circumstances.)"

RAEG. If he actually manages to prevent Scourge returning (even if just by them not wanting the dramus), I will cry :\

He does need a kick in the ass. He is being a DICK. I have lost so much respect for him it's not even funny.

Date: 2010-07-08 12:10 am (UTC)
From: (Anonymous)
Ugh, damn it. I didn't know he created Scourge. They could probably get away with claiming that Scourge is derivative rather than the exact same character Penders created though. I hope. He doesn't even have the same name or design.

Date: 2010-07-08 12:12 am (UTC)
From: [identity profile] carriepika.livejournal.com
He didn't. Ian created Scourge. And if Pender can claim Evil Sonic as his, despite just being Sonic in a leather jacket, then Ian can claim Scourge as his as well.

Date: 2010-07-08 12:16 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
I hope Ian will have the balls to keep using Scourge. God I love Scourge. He's my favourite part of the comics >_>

Date: 2010-07-08 12:38 am (UTC)
From: [identity profile] carriepika.livejournal.com
You know.. actually... I've been thinking about this? Penders claims he started this in January of 2009, right?

Funny, that... it's about the same time that 'Evil Sonic' showed back up, without his name ever really being said, and suddenly became Scourge. Who wears different shoes, a different jacket and different sunglasses.

It's about then that they started calling it 'Moebius' instead of 'Anti-Mobius'. And not long after that, his gang got a name change, to the Suppression Squad, they all changed in appearances and all go by different names now, too.

The Dark Legion isn't the Dark Legion anymore either, you notice. It's now the Dark EGG Legion... and Lien-Da was just changed as well. Very drastically. Even Monkey Khan got a new name and a new look!

I'm getting the feeling that Archie knew this was coming... The more I look at it, the more I see it.

Date: 2010-07-08 12:43 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
Hmm... You really do have a point. Do you mind if I copy what you just said over to a forum topic I'm posting in (with credit)?

Date: 2010-07-08 12:45 am (UTC)
From: [identity profile] carriepika.livejournal.com
Feel free to! The more I'm looking at it, the more I'm seeing it... Dimitri got changed drastically, too...

Date: 2010-07-08 12:49 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
Done, and added to my original post (:

Date: 2010-07-08 12:11 am (UTC)
From: [identity profile] carriepika.livejournal.com
He's in for a shock. He was paid, by Archie, to create these stories for them. FOR them.

Any half decent lawyer and competent judge will look at his claims when they invariably come up somewhere (which I'm sure they will properly, eventually, and be like "You were already paid for these works, which you did, while under contract to another company. This is property of Archie, as per your working contract."

Because seriously, that's just standard for any artist/writer/hell, even a programmer. The work my husband does for his company isn't HIS. He can't take the programs he writes and go copyright them. He works for THEM. Is paid by THEM. And it's right in his contracts that the work he does for them, since he's being paid for it, is -THEIRS-.

Archie's been in the comic business too long not to have things like that in their contracts. I mean, really.

Date: 2010-07-08 12:14 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
I still worry that they'll try to distance themselves from characters he created in order to distance themselves from him :\

Date: 2010-07-08 12:33 am (UTC)
From: [identity profile] carriepika.livejournal.com
Well, if they do, then they do. We, as fans, can deal with that. Sure, I love and adore some of the characters that came from Penders days. I, personally, will be shattered if this means that we can't have anymore storylines with Zonic and the Zone Cops, as they're one of my favourite parts of the series.

But I'll deal. I'll deal and I sure as fuck won't follow Penders anywhere, even if he starts an entire comic book series that centers entirely around Zonic and the No-Zone itself. Because that man will not get a scrap of money from me, ever, for doing this to 'his fans' as he keeps claiming.

Sorry, sweetheart. We're not 'your' fans. We're SONICS fans. And there's a huge difference there.

Date: 2010-07-08 12:35 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
Gah, I hadn't even thought about Zonic! I did an RP that had him and Scourge in just a couple of weeks ago... he's awesome :\

And yes, that is a very important distinction ♥

Date: 2010-07-08 01:00 am (UTC)
From: [identity profile] carriepika.livejournal.com
I love how this has given me the very silly notion and hope that because I asked both Herms and Yardley! for Zonic with tattered/ripped ears in commissions that they'll use it in a redesign of him.

IF YOU GUYS CAN SEE THIS/HEAR THIS/FEEL THE VIBES/WHATEVER, YOU CAN USE THAT AND YOU CAN EVEN CALL HIM ZED LIKE I DO. I DON'T MIND AND I WON'T SUE! 8D 8D 8D

*goes back to her fangirl corner* ♥♥♥

Date: 2010-07-08 01:31 am (UTC)
From: [identity profile] overlord-mordax.livejournal.com
Wow, I liked Penders on his run on Sonic. I never knew he was such a fucking DICK.

-Mordax

Date: 2010-07-08 01:42 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
I started to get that impression of him for when he lashed out at Ian Flynn a little while back. But this has me SO FUCKIN' STEAMED >_>

Date: 2010-07-08 01:45 am (UTC)
From: [identity profile] overlord-mordax.livejournal.com
Seriously, fuckin' a. I have a hard time with Intellectual Propperty at the best of time, but the man didn't just go and create the characters in his own setting, he created them FOR ARCHIE and within the Sonic universe. I'm pretty sure he has no rights to them to begin with.

Seriously, this has as much legitimacy as me trying to copyright my sonic fancharacter, Willow. Less, even.

Date: 2010-07-08 01:49 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
His arrogance is matched only by his childish pettiness.

There is no way that he is taking Scourge away. He only 'created' evil Sonic, and Scourge is SO far removed from that now. Like Carrie said above, all of this characters are pretty much new characters now, and even if he did create them to begin with, you're right... surely they are all signed over to Archie for their use anyway.

I hope Penders gets his motherfucking bitch ass handed to him.

Date: 2010-07-08 01:55 am (UTC)
From: [identity profile] overlord-mordax.livejournal.com
Yeah, I can't wait until Archie and SEGA'S lawyers get involved. Seriously, I mean, I have a big ego, but it's mitigated by my practicality. This guy's just begging to be taught some humility.

Date: 2010-07-08 03:49 am (UTC)
From: [identity profile] flyboy-fox.livejournal.com
Yeah, I saw people bring that up elsewhere. Noted.

Hopefully this should be a much more cut-and-dry case though.

Date: 2010-07-08 09:48 am (UTC)
From: [identity profile] private-enemy.livejournal.com
You know...I really respected Ken. I really did. Despite how much many people disliked him, I still kind of respected him. I grew up reading his stories in the comics, I loved the Knuckles comic too. Despite how his material started becoming later on before he was let go, I still treasure much of what he did in the comics.

But recently, with the unwarranted potshots he's been taking at Ian, Tracy and the comic in general, that respect has been waning. This was the final straw.

He even admits this is for money: http://www.kenpenders.com/forums/viewtopic.php?f=8&t=134

"Ask Ian if recognition pays the bills. One of the things people are going to have to recognize is that creators need to be able to get paid for what they do, as the stories - indeed, the properties themselves - don't exist in a vacuum."

Here's the thing Ken. YOU WERE PAID. You did a job and that's it. Now, I'm sorry if he's honestly going through financial difficulties, I wish no ill will on him or his family. But all these years later, he's gonna suddenly come out and try to tear apart this comic that's been going on for over 15 years because he wants money. Honestly...I almost feel like I'd rather have the comic end altogether than have it be neutered to suit his "copyright". And that's the absolute last thing I want to happen, but having to magically retcon everything that's "his" out of the comic would just be awful.

Ian seems confident that this isn't going to happen, and I pray that's so. I've been reading this comic for well over half of my entire life, and I'll be damned if it ends because of this nonsense.

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