![The Archie v. Penders Dispute Just Got Serious TSSZ has learned Diamond Comic Distributors, the world’s largest English language comic book distributor, has halted shipments of Archie Comics’s Knuckles Archives […]](http://www.tssznews.com/wp-content/uploads/2011/01/bulletin_red_header.jpg "Diamond Comics Halts Distribution of Knuckles Archives #3")
The Archie v. Penders Dispute Just Got Serious
TSSZ has learned Diamond Comic Distributors, the world’s largest English language comic book distributor, has halted shipments of Archie Comics’s Knuckles Archives #3 to retailers on the basis of a copyright infringement notice sent to the company.
A source who requested anonymity through our News Tips system told TSSZ the hold was granted this week, and alleged more claims may be filed with Diamond shortly. Those claims, the source said, are based on copyrights currently in dispute between Archie Comics and former Sonic comics writer Ken Penders via a civil lawsuit the former filed. As we told you last month, a summary judgment request was denied in that case.
The issue, which assembles the original Sonic’s Friendly Nemesis Knuckles issues ten through fifteen, will still go on sale today at stores that have received their copies, but they will be the only copies circulating in certain stores right now. That potentially means the release could fall into short supply while the matter is mediated. For the moment, only distribution of Knuckles Archives #3 is affected, but one can imagine the array of re-issues that could be impacted, given the scope of Penders’s copyright claims that are, as of this article’s publication, still legally valid.
Diamond Comics claims Archie Comics as an “exclusive supplier” of material for distribution to stores, according to the company website. In layman’s terms, they are the middleman between Archie as content creator and many stores that sell their comics, in particular comic book specialty stores. Should the matter linger, all Sonic Archives and Knuckles Archives releases could see their distribution affected, as could the long awaited Sonic comic encyclopedia, which is due for release next month.
An e-mail sent Tuesday to Diamond Comics marketing VP Dan Manser requesting comment has not been returned as of the time of this article’s publication. TSSZ also sent an E-Mail to an Archie Comics publicity E-Mail this evening seeking comment. If we hear back from either side, we will update this story.
Related, the first mediation session between Archie and Penders in an attempt to settle the ongoing copyright case is scheduled for next Tuesday morning, according to public records. This will certainly make those talks interesting. We will continue to monitor developments.
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Well, folks, I see you’re all too set in false assumptions and misinformation for me to make any further attempts in trying to get you to comprehend copyrights. Let me just say that 99% of what you know is likely wrong. That many of the “copyright” cases you may know about were actually decided on technicalities other than copyright or not on the specific point of copyright that would seem the most likely reason.
For example, I’ll just point out one item where it seems that just about everyone here has wrong: there are no copyrights for character designs in the US. (This is direct from the copyright office as it was one of the avenues explored by Ken when he was seeking what he could and could not copyright of his works.) The copyright office does not permit that. Design patents, from the patent office, are issued for physical devices and procedures, not characters. The registration of a character as a logo can be done as a trademark. It applies only to that character, and can not be transferred to nor inferred for other characters.
Copyrights, trademarks, and patents are three entirely different animals. You should learn to tell the difference between them.
@TLSonic
It’s called a temp track, a very common practice in the movie and television industries for items that are not meant for widespread public or commercial display. It is there to show concept, not final art. I’m sure I don’t need to point out that InstantSonic’s posting of that video is itself a copyright violation as Ken did not give him permission to post it to YouTube.
Ahem.
“U.S. copyright law (title 17 of the U.S. Code) provides for copyright protection
of literary and artistic works. Copyright protection begins automatically when
a work is first created in a fixed form. Cartoons and comic strips are among the
types of works of authorship protected by copyright. This protection extends to
any copyrightable pictorial or written expression contained in the work. Thus a
drawing, picture, depiction, or written description of a character can be registered
for copyright”.
Link here: http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC8QFjAA&url=http%3A%2F%2Fwww.copyright.gov%2Fcircs%2Fcirc44.pdf&ei=kaJTUPCCBOqm0QWb_4HwBA&usg=AFQjCNGTGyXMPT3M041PaYfzIn6yF1EvAw
In addition:
“Protection does not, however, extend to the title or general
theme for a cartoon or comic strip, the general idea or name for characters
depicted, or their intangible attributes. Although the copyright law does not
provide such protection, a character may be protected under aspects of state,
common, or trademark laws, and titles and names may sometimes be protected
under state law doctrines or state and federal trademark laws. Consult an attorney
for details”.
So BobR, would you like to re-read your copyright law – unless I’m very much mistaken there are disclaimers on all of the comics penned or otherwise by Penders & Archie stating that Knuckles the Echidna/Sonic and their designs are registered as Sega trademarks, with copyrights held specific to their character under the above?
“It’s called a temp track, a very common practice in the movie and television industries for items that are not meant for widespread public or commercial display. It is there to show concept, not final art.”
This would be a good point if not for one thing. They’re only legal if used in instances such as the crew having them privately in a temporary setting in a “We’ll use something like this later,” kind of thing. In other words, when not put on public display such as in a publically available trailer for the purpose of promoting the film.
@BobR
” for items that are not meant for widespread public or commercial display”
So… posting it on the front page of the productions website doesn’t count as either???
Go Here:http://www.epicsound.com/resources/temptracks.html
You know let me save you some trouble and post the statement.
“It should not be used anywhere in a production – pre-production material, presentations, demos, or final product – unless proper licensing agreements are in place.”
At the very least the “trailer” on the front page should count as either pre-production material or a demo. Are you saying it’s not, cause if so what is it then?
P.S. I know how to use the internet too Bob.
Also you did not answer my last question.
How is alienating the fans going to increase sales of his future book?
BobR, you keep saying that it doesn’t matter if they’re the same species.
It does when they’re a fictional species created by someone else.
Oh yes, I know echidnas are a real animal, but they don’t have tentacles coming out of their head, a otherwise completely ‘bare’ body, a peach muzzle with a black nose, a long tail, etc etc.
Howard and Donald are both ducks. Both have the same features. Bill, webbed feet, feathery body, etc. There’s only so much you can do to have a duck look like a duck.
Knuckles and another cartoon echidna, lets say the mascot for the Sydney Olympics, look absolutely nothing alike. That’s because Knuckles is based on fiction and the mascot is not. Knuckles is not an echidna.
Therefor anything based on Knuckles is based on a fictional species. Therefor yes, there’s a big problem with Julie-Su and friends.
When Knuckles is undergoing designing stage, he was actually a collective design of various animals and originally colored green. I personally believe his species labeling of “echidna” was an after thought.
I have an idea. Why doesn’t Archie just pay the creators for the reprints of their work?
@truebluesonicfan
That would be fine and dandy, but Ken is fighting for characters as well. Most fans agree on the royalties thing (despite the douchy way he’s going about it), just not the characters, settings etc. Sad thing is this action not only hurts Sonic comic fans but HIS (Ken Penders) fans as well. Basically it’s becoming a bit bigger than just royalties.
@truebluesonicfan
The creators were already paid when the stories first came out. Why should Archie have to pay them again?
I picked up my copy of Knuckles Archives #3 at my local comic shop today. Apparently even in New Zealand they got the call to not distribute the copies they received. They told them their stock would be put on hold but one was already sold. Heh heh heh it pays to be friendly with your local comic shop guys, the “sold” copy was the one put aside for me as part of my subscription to all Sonic related stuff 😛
@CopleyHillZone Everything you posted about copyright seems to directly support Penders’ right to copyright the characters he created. The section clearly says any “drawing, picture, depiction, or written description can be copyrighted.” Penders did that.
It also says “copyright begins automatically when a work is first created in a fixed form.” The characters Penders claimed are characters he created and they did not exist before he created them. Since he created the work and was not under contract when he did, he has every right to stand up to protect the work he created.
The section you printed also says “a general theme cannot be copyrighted.” That means there is no way that everything in the Sega/Sonic Comic Universe can be covered under one general copyright, as you keep insisting.
The Trademark section says ” a character may be protected under aspects of state, common, or trademark laws.” Nothing in this paragraph contradicts Penders’ copyright on the characters he created and be fairly compensated accordingly.
Some of the comments here seem so selfish. The people who create the characters and story lines we love should be treated fairly. Period. Penders helped build the Sonic and Knuckles series and should be recognized as such. Most importantly Archie need to stop exploiting its creators and pay them for repeated use of their work.
Ahhh, what should I do today?
Oh yeah! Read KNUCKLES ARCHIVES #3, which is BEING SOLD RIGHT NOW.
Bye bye, Penders…try getting off that high horse before you get kicked in the head.