It’s Not Over Just Yet
TSSZ has learned through public record counsel for both Archie Comics and former Sonic comic writer Ken Penders have “reached agreement on the terms of settlement” in the current copyright dispute over the ownership of many characters and storylines created for the series.
A letter filed by Collen IP partner Joshua Paul dated Friday, November 30th, claims in part that, on the previous day, the two parties came to terms after a mediation session:
[....] at a mediation session held yesterday, the parties reached agreement on the terms of settlement. The principals and counsel have signed a Term Sheet re’flecting the core terms of settlement. As a next step, the parties must prepare and sign a settlement agreement that will implement the outline of settlement contained in the Term Sheet. We anticipate that the process may take several weeks.
If this agreement holds, it would put an end to the long and ugly dispute between Penders and Archie, the roots of which can be traced back to July 2010, when Penders announced the US Copyright Office certified multiple claims related to his contributions to the Archie Sonic series. Those claims included storylines and some characters. At the time, Penders claimed “Every story since issue #160 that features my characters and concepts is essentially unauthorized.”
What eventually followed after a series of open remarks was a federal lawsuit filed by Archie against Penders, seeking a declaratory judgment on the validity of Penders’s copyrights. A motion by Penders to dismiss the case was denied early on, but so too was a motion for summary judgment sought by Archie earlier this year. In between, what unraveled was nothing short of extraordinary; Penders revealed plans to revive Lara-Su, Lien-Da, Dimitri and other characters in a series of his own, while court documents told an alleged tale of dysfunctional leadership and lackluster record-keeping at Archie–all while veteran Sonic comic talent lined up to stake their claim in the series, and vouch for their former colleague.
Several weeks may pass before the agreement is finalized, and we may never know the terms of them; it is common practice for settlements, especially on this scale, to never reach public record. While Penders appears steadfast on introducing The Lara-Su Chronicles to the world, Archie has de-emphasized several of Penders’s original creations of late.
Even with the Penders case settled, the legal troubles may not be over for Archie. Original Sonic artist Scott Shaw is among several comic alum who have also filed claims with the US Copyright Office, and had their original contributions to the Sonic comics accepted. It remains to be seen what will happen there; the distinct possibility remains that it could depend on this case’s final outcome.
TSSZ will continue to offer developments as we find them.
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@Paul-Agnew
I’m in agreement with SEGA_Queen.
That’s an unusual statement to make that’s not completely relevant to the topic or point he was trying to make.
Precisely what is that expected to mean?
Hey, Donnie Blue, what can I do for you?
@ Scott Shaw!
Hey! Scott Shaw! himself! Have to say I didn’t see that coming and it’s an honor that it did.
Never excepted the man to read along and catch the news too. Going to have to say, that’s kinda flatteringly. And by kinda I mean “a freaking lot.”
I was wondering about you as, from what I remember, you were having some trouble with Archie comics too. Not to say I’m taking the focus off this post from Ken, but when it comes to this whole legal issue thing, he’s not necessarily the only person standing under the spotlight of it.
Since it looks like settlement terms are being reached with him, wondering if good news and good tides came coming in your way too. I figure I wanted to ask the man himself instead of getting it from a ‘he-said-she-said’ type of source. Rather than read someone’s post on a message board of “what you said” I’d prefer hearing “what you’re saying.
Just want to know. Hey, I still have my comic of Sonic 00. Pardon me if I want the chance to somehow speak to the man who illustrated what might have started the good part of my childhood.
You know looking at all the people on the first page complaining and thinking “who cares about Echidnas” I wonder if people forgot Penders also made:
Mammoth Mogul- who is important to the overall plot and Silver’s backstory
Rob O’Hedge and his family- who are important as relatives of Amy Rose and while not active a lot are actually a neat concept
The Legionaries- Dmitri, Lien-Da, people important to the plot and also Robotnik’s main forces- imagine if he couldn’t call them “Dark Egg Legion” anymore, he’d have to use “Dark Egg…something something”. That would be awkward. Also can’t use the term Grand Masters.
Geoffrey- Who is central to a main plot
HALF OF SALLY’S FAMILY oh balls that’s important too, suddenly no Elias
And you can say what you want for the generic Echidnas but Lara-Su and Julie-Su are pretty big up there. As well as the Brotherhood of Guardians that suddenly up and disappeared and Knuckles has had a long running plot about trying to find them since…OH SINCE THIS LAWSUIT BEGAN, HOW ABOUT THAT.
And then there’s the fact Penders also tried to claim SCOURGE AND FINETIVUS as his own cause he came up with the Evil Sonic idea and he made the Echidna that became Finetivus (who was an unnamed extra until that character was introduced mind you). Think about that…he wants a character who is technically a RECOLOR and when they started out was just Sonic with a leather jacket and shades…like damn really man?
If this “Settlement” means “You win” it means that they’ll have to reset the entire Archie Sonic universe and rewrite around everything in order to come up with something coherent because Penders thought that making characters for a serialized comic made them his. True Archie or Sega could have just sent him royalties for his work and we’d never have to worry about this mess- but no, he had to challenge them. Super.
Also if he makes money off of his derivative work, Sega would have every right to sue him. Because he isn’t actually backed by Sega so his characters Sega style designs would be seen as infringing. Like, there’s a difference between commissioning fanart and trying to publish something with designs that aren’t even yours in basis. Not to mention his redesigns look fucking stupid.
So yeah I really hope this means he didn’t win and get his way, cause he doesn’t deserve it and it’d just throw a monkey wrench in everything. Which he probably knows considering if he thinks Finetivus is his, it means he’s been reading the comic to keep up to date with their use of “his” characters.
I think these cases being made against the company are just childish, bullheaded, stupid and greedy attempts at getting money just because they feel they weren’t paid enough or out of blind jeliousy. I bet these guys are so immature, they cried to their mommies just to get money to file suit to Archie Comics. To think I looked up to these guys when I was a young reader of the comics and a young artist, and now see these older comic artists as nothing more than schmucks that are whinny babies just because Archie was trying to keep their promise and keep the characters in the comics only. Plus, Penders has always been a nut about things not going his way. These old artists need someone to slap some sense into them.
I wouldn’t be surprised that after this whole predicaments said and done, the sonic comic fans are going to start breathing down these guys necks for their acts of immaturity and malice.
Donnie Blue, thanks for the kind words. At this point, I’m really not able to go into details, but please understand this: I now legally own ALL of the content I created for Archie’s SONIC THE HEDGEHOG and related funnybooks. All of this work has been reprinted multiple times, not only in print but on iTunes and as Easter eggs in various Sonic games. I never signed any releases or work-for-hire agreements with Archie or Sega and I’ve never been paid a cent for this unauthorized use of my work.
Therefore, it’s gonna be a very interesting 2013 for all involved.
Aloha,
Scott!
Sweet. Thank you ScottShaw!
Have to say I didn’t see a reply coming. Let me tell you that made my whole day in getting a response from one of the people who helped in what was the comic of my childhood! Can’t put a price on that one!
Hey, I figure you can tell me what you can and can’t tell me what you can’t. Legal stuff. I won’t pry into that, as it’s just wrong of me to do.
But, if you’re reading this. Please. Just heed once request of mine. Just a silly simple little request?
I know you’re involved with other works on other comics and titles elsewhere.
Call it silly, but, just throw Posey Possum (Sonic In your Face) somewhere else.
A cameo, a walk on, something. The joke a friend of mine bought to my attention is that she has the anime rule of being “first girl.” I.E- The first girl Tails had a crush on and did get a kiss from. She’s first girl.
Just not up for letting the little critter get shelved into obscurity.
All I ask. Otherwise, thanks a trill pal. Keep up the good work and keep fighting the good fight!
so does that mean we just have to wait until Kenders kicks the bucket? hm…..
O hai.
Used to be a huge fan of Penders. Recently took a look at KTE, realized the dialog was stilted and juvenile. This is the same kind of stuff I couldn’t get published before I became a novelist. Now, Ian Flynn is killing everyone off (but no offense, Mr. Flynn, I think it’s PENDERS who didn’t want you to use some of “his” characters, so you had to axe them). Otherwise, I would be P.O.ed to hear Archie could retcon these people back to life whenever they felt like it. Heck, *I* could do it, and in some of my stories, I already HAVE!
“Deep doo-doo”. Who the heck uses that dialog? Really, Penders? Are we supposed to believe you’re not as juvenile as the younger margin of your former fan base, with dialog like that? YOU are why we can’t have nice things! Good Lord, if I have to go ONE MORE ARC without seeing the Brotherhood back in action, Imma snap and tear the lot of my MINT COLLECTION up! I’ve got every single issue in Mylar, and I’m about ready to burn everything with the name Ken Penders on it!
Really, people. The creators of Superman made a mistake when they sold him for cheap. Look at this as a ‘mistake’, cut your losses, and move on! Otherwise, you’re going to be known as the pansy sellouts who couldn’t let a good comic series go on without pissing and moaning about “your” things.
In fact, the comics themselves are the READERS’ property. We grew up with the awesomeness of Sonic’s general series, fifteen Super Specials, blowout successes like the Mecha Madness special, 32 issues of Knuckles the Echidna AND his three-issue ‘Friendly Nemesis’ miniseries, and all the other stories that came before! Are YOU going to make all of our investment in the creations of Archie Comics USELESS? I’ve spent thousands of dollars during my lifetime on Sonic comics! If we find out that you’re going to throw everything away, let it all pass through your fingers, and turn Archie into a GRAVEYARD of what good Sonic comics USED TO BE, you’re going to lose over two-thirds of your reader base almost immediately. And then, Archie will truly be a graveyard…but not just for Sonic. Every character outside of SatAM, Sonic X and AoStH will cease to exist.
I fear to see a world where artists put their petty notions of monetary gain over the people whose lives their art has touched—-just hearing about this lawsuit literally made me vomit my poutine into my lap with disgust. FOR SHAME, Ken Penders. FOR SHAME.
DonnieBlue, you took the words straight off my keyboard. For the record, I for one would drop everything to see Mr. Shaw! find a way to work Posey Possum into any future project, either as a cameo, or even a full-blown mini-series.
No, seriously.
Hey, Paul-Agnew.
You still keep track of this topic as much as I do. Makes the heart proud seeing someone else agree with me. I kind of figure hey, it’s a character he made for fun, gave a name and role to and had end up in the comic. Might as well just up and try and fit her somewhere else. Just to say “look guys, no sour grapes.”
A full blown mini-series……you know what, why not? It might catch.
As 10 years ago, who’d have really thought that My Little Pony would end up as successful as it is now.
Also, she’s still first girl. Still first girl.
….you know what? Thanks man. I mean that. Rare I ever discuss something about what I read when I was still in Elem school and have someone tell me they’d like to see it too. Good times bro. Good times.
Y’know, I hope Ken can live with himself knowing all the trouble his selfishness had caused the fans and the hatred and so forth. This entire situation was unnecessary.
I hate you Ken