Latest briefs filed in epic Neil Gaiman versus Todd McFarlane comic copyright clash

This post has nothing to do with Mars, it’s just an update to the epic Spawn comic copyright clash between Neil Gaiman and Todd McFarlane. Both sides have filed their legal briefs in the wake of the motion hearing held June 14, 2010, before the United States District Court for the Western District of Wisconsin:

• Document #314 -- Trial Brief Post-Hearing Brief of the McFarlane Defendants by Defendants Todd McFarlane, Todd Mcfarlane Productions, Inc. (Filed 6/25/2010)

• Document #315 -- Index of Exhibits re: Evidentiary Hearing held 6/14/2010 before District Judge Barbara B. Crabb, filed by Todd McFarlane, Todd Mcfarlane Productions, Inc. Original marked exhibits submitted to the Clerk of Court on 6/25/2010, maintained in exhibit room. (Filed 6/25/2010)

• Document #316 -- Trial Brief Post-hearing brief regarding derivative characters by Plaintiff Neil Gaiman. (Filed 6/25/2010)

In short, Neil Gaiman "respectfully requests that the Court grant his motion for an order: 1) declaring that the characters Tiffany, Domina, and Dark Ages Spawn (Lord Covenant) are derivative of the characters jointly owned by Gaiman and are, therefore, subject to Gaiman’s accounting of profits in this action; and 2) directing the McFarlane Defendants to produce all documents relating to Tiffany, Domina, and Dark Ages Spawn for purposes of the accounting.”

Not surprisingly, Todd McFarlane argues that the “Court should hold that Mr. Gaiman’s co-ownership of the characters Medieval Spawn and Angela does not entitle him to any accounting for profits with respect to the characters Dark ages Spawn, Tiffany or Domina.”

Legal dispute between "Ludington librarian" and PublishAmerica headed to civil jury trial

According to legal documents issued by the Circuit Court for Frederick County, Maryland, a contract dispute between Sally Stern-Hamilton, the notorious “Ludington librarian” who was fired from her job as an assistant at the public library in Ludington, Michigan, in the summer of 2008 after writing The Library Diaries, an unflattering book about the quirky and disreputable patrons with whom she interacted, and PublishAmerica, the infamous vanity press located in Maryland, is scheduled to be decided by a civil jury trial in late October 2010. Presumably, the dispute revolves around Stern-Hamilton’s book, which was written under a pseudonym and published by PublishAmerica in June 2008.

Frank Frazetta family feud resolved; theft charges and civil lawsuit against son dropped

Great news out of Pennsylvania! The Pocono Record reports that the bizarre family feud over the work and legacy of renowned fantasy & science fiction artist Frank Frazetta has been resolved. In a written statement, Frazetta said, “all the litigation surrounding his family and his art has been resolved. All of Frank's children will now be working together as a team to promote his remarkable collection of images that has inspired people for decades.” The dispute pitted Frazetta and three of his adult children against the fourth, involved the December 2009 arrest of Frazetta's oldest son, Frank Jr., for theft, and resulted in the March 2010 filing of a civil lawsuit against Frank Jr. for intellectual property violations.

Home of artist Frank Frazetta burglarized

The Pocono Record of Pennsylvania reports that the Marshalls Creek home of renowned fantasy & science fiction artist Frank Frazetta was burglarized sometime over the past few weeks. Among the missing items: a gun collection. Placed on Frazetta's desk: a photo of his late wife, Ellie, who died in July 2009.

In related news, The Ghost of Ellie, a spirited if sometimes speculative Frazetta fan website which removed all of its content several weeks ago, has vanished from the Internet. The website, which was believed to have been based in the Netherlands, staunchly supported Frazetta’s oldest son, Frank Jr., in the bizarre and nasty family feud over the legacy and work of the aging artist.

POD dispute between PublishAmerica and Lightning Source will go to jury trial in 2011

According to a legal document issued late last month by the United States District Court for the Middle District of Tennessee, the “Print on Demand Agreement” contract dispute between PublishAmerica (PA), a vanity press based in Frederick, Maryland, and one of its vendors, Lightning Source Inc. (LSI), a print-on-demand printer located in La Vergne, Tennessee, will be decided by a jury trial in September 2011. PA’s complaint (pdf) against LSI, filed on February 1, 2010, includes seven counts and asks for nearly $1 million in compensatory damages, punitive damages, costs, interest and attorney’s fees. LSI answered with a counterclaim (pdf), filed on February 25th.

FBI makes note of Frazetta family feud

The Pocono Record of Pennsylvania reports that the bizarre family feud over the artwork and legacy of renowned fantasy & science fiction artist Frank Frazetta has been brought to the attention of the FBI after three of Frazetta’s adult children received demanding and threatening phone calls, text messages and e-mails from an anonymous man who claimed he was hired by Frazetta’s fourth and oldest child, Frank Jr., as a business consultant, adviser and strategist.

In related news, The Ghost of Ellie, a spirited if sometimes speculative Frazetta fan website believed to be based in the Netherlands and which has been highly critical of Frank Frazetta Jr.’s three siblings, removed all of its content earlier in the week. It is unclear if the move was related to events in the States.

Outside attorneys join Frazetta family feud

With millions of dollars at stake and decades of sibling rivalry involved in the bizarre family feud over the artwork and legacy of legendary fantasy/science fiction artist Frank Frazetta, two outside attorneys have joined the civil lawsuit of Frazetta Properties LLC v. Frank Frazetta Jr., which was filed in U.S. District Court in Pennsylvania on March 10, 2010.

According to legal records, Kerry T. Ryan, an attorney with the law firm of Tarlow, Breed, Hart & Rogers in Boston, petitioned the court on March 17th to join local Pennsylvania attorney Gerard J. Geiger in representing Frazetta Properties LLC. More recently, Diana L. Fitzgerald, an attorney with the law firm of Villanueva, Bajandas & Fitzgerald in Miami, petitioned the court on April 1st to join local Pennsylvania attorney James A. Swetz in representing Frank Frazetta Jr.

The two warring parties are currently engaged in mediation with mediator Michael D. McDowell of Pittsburgh, PA.

Metallica guitarist a player in legendary artist Frank Frazetta’s family feud?

Heavy metal music website The Metal Den has a bizarre story about Metallica guitarist Kirk Hammett’s alleged involvement in the nasty family feud over the work and legacy of legendary fantasy artist Frank Frazetta. Apparently, the story is derived from a new European fan website called The Ghost of Ellie, which is named for the artist's late wife and alleges that “crimes have been committed against Frank Frazetta Sr. and Frank Jr. and his immediate family.” I’m willing to believe the speculation that Hammett is the private collector who paid $1 million for Frazetta’s “Conan the Conqueror” painting in 2009, but some of the story sounds like it may have been composed in a sanitarium.

Author Solutions executives trying to re-write personal horror stories into fairy tales

In a recent conversation about why just being good at your job is not enough, Keith Ogorek, senior vice president of marketing for the high-profile, Indianapolis-based, self-publishing firm Author Solutions Inc. (ASI), told CNN that more people are using self-publishing as a way of promoting their personal brand. Ironic, considering that two top executives at Author Solutions, president and chief executive officer Kevin Weiss and chief financial officer Kevin Gregory, are trying to re-write their own personal horror stories into fairy tales. You see, both Weiss and Gregory were accused of financial fraud in earlier chapters of their respective careers. To make a long story short:

• Kevin M. Weiss was fired as president of famed antivirus software maker McAfee in October 2006 in a scandal over accounting discrepancies in stock options grants. Weiss was exonerated of any wrongdoing and named as CEO of Author Solutions in December 2007.

• Kevin G. Gregory stepped down as chief financial officer of well-known information solutions company ProQuest in November 2005, shortly before a class-action lawsuit accused him and several other top executives of improperly editing the company's financial books. The lawsuit was settled and Gregory was named CFO of Author Solutions in October 2008.

Presumably, the personal stories that Weiss and Gregory are trying to re-write have similar plots: Grow Author Solutions. Avoid financial horrors. Accumulate fairy-tale wealth. Good luck, guys!

Family feud over artist Frank Frazetta's work and legacy leads to lawsuit

Courthouse News Service reports that the bizarre family feud over the artwork and legacy of legendary fantasy/science fiction artist Frank Frazetta has resulted in a lawsuit, pitting the family against Frazetta’s troubled son, Alfonso "Frank Jr." Frazetta. The lawsuit, filed in U.S. District Court in Pennsylvania on March 10, 2010, is titled Frazetta Properties LLC v. Frank Frazetta Jr.

What $2.5 million lawsuit? Artist Frank Frazetta inks deal with Vanguard Productions

According to a press release issued earlier in the week, legendary fantasy artist Frank Frazetta and acclaimed publisher Vanguard Productions have forged a new publishing relationship.

Frank Frazetta said, “We’ve known Vanguard publisher J. David Spurlock for many years. Vanguard publishes the very best! [...] It’s a natural that we should work together. I’m looking forward to seeing the quality job they do on the new Frazetta books”

Vanguard Productions founder J. David Spurlock said, “We are very excited about launching a line of Frazetta books under the new Vanguard Frazetta Classics brand. The line will include a series of volumes collecting Frazetta’s comics work in top quality book format. Other Vanguard Frazetta Classics will include a new edition of the 1998 hit, Frazetta: The Definitive Reference, a richly illustrated index of every Frazetta work ever published; a Frank Frazetta Sketchbook; and more -- all in library-quality collections fully authorized by Frank Frazetta.”

Presumably, the two men have resolved the $2.5 million lawsuit Frazetta filed against Vanguard Productions in June 2008 for unauthorized use of his name and signature.

Pictured: Frazetta artwork depicting John Carter of Mars and Martian princess Dejah Thoris.

Sales consultants file lawsuit against Author Solutions Inc. over compensation

According to documents filed earlier this month in United States District Court, Southern District of Indiana, three inside sales consultants have filed a lawsuit against Author Solutions Inc., one of the country's largest self-publishing book operations, and its subsidiaries, AuthorHouse, iUniverse, Xlibris, Trafford Publishing, and Wordclay, alleging that the defendants refused to pay them overtime compensation. The plaintiffs' complaint was filed on March 4, 2010, and the case is entitled Slavik, et al. v. Author Solutions, Inc., et al.

Notorious “Ludington librarian” in legal dispute with infamous PublishAmerica

According to legal documents filed with the Circuit Court for Frederick County, Maryland, Sally Stern-Hamilton, the notorious “Ludington librarian” who was fired from her job as an assistant at the public library in Ludington, Michigan in the summer of 2008 after writing The Library Diaries, an unflattering book about the quirky and disreputable patrons with whom she interacted, is involved in a contract dispute with PublishAmerica, an infamous vanity press located in Maryland. Presumably, the dispute revolves around Stern-Hamilton’s book, which was written under a pseudonym and published by PublishAmerica in June 2008. Stern-Hamilton’s initial complaint against PublishAmerica was dismissed by the court in December 2009, but she has just filed an amended complaint.

PublishAmerica sues Lightning Source Inc. over POD contract dispute

According to documents filed earlier this month in the United States District Court for the Middle District of Tennessee, PublishAmerica (PA), a vanity press based in Frederick, Maryland, is suing one of its vendors, Lightning Source Inc. (LSI), a print-on-demand printer located in La Vergne, Tennessee, in a contract dispute over a “Print on Demand Agreement.” PA’s complaint (pdf), filed on February 1, 2010, includes seven counts and asks for nearly $1 million in compensatory damages, punitive damages, costs, interest and attorney’s fees. LSI answered with a counterclaim (pdf), filed yesterday, February 25th.

Amazon settles 1984 Kindle lawsuit, plaintiff still embraces Orwellianism

Internet retailing giant Amazon has settled the class-action lawsuit over the alleged “Big Brother” feature in its Kindle e-reader, purportedly the “first settlement to recognize digital rights in this medium.” According to articles published on the websites of PC Magazine and PC World, Amazon paid $150,000 to Kamber Edelson LLC, the Chicago law firm which represented the two plaintiffs, Justin D. Gawronksi, a high school student in Michigan, and Antoine J. Bruguier, a twenty-something software engineer in California. Amazon also agreed to other terms in the settlement, such as guaranteeing that it will never again improperly delete purchased books, magazines, or newspapers from consumers’ Kindles.

Interestingly, plaintiff Antoine J. Bruguier continues to embrace Orwellianism in an attempt to distance and delete himself from the story. A note currently posted on his website sheepishly states: “Please refer to the press release and the text of the settlement. Please note than neither the attorneys, nor the plaintiffs will receive any of the $150,000 awarded. The money will be donated to charity.” A few months ago, Bruguier proudly announced on his website that if his side won the class-action lawsuit filed against Amazon and received any money, “I will donate it to my local library and I kindly suggest other plaintiffs of the class do something similar. I love the Kindle's technical aspect and I wish for its legal aspect also to be attractive.” Bruguier later deleted the announcement.

The fascinating thing about the aforementioned press release, “High School Student Who Sued Over Kindle Deletions Settles with Amazon, Finishes Summer Homework” (October 1, 2009), is that it mentions plaintiff Justin D. Gawronski, but it does not mention plaintiff Antoine J. Bruguier. How Orwellian!

10 things Ray Bradbury and musician Nikki Sixx have in common: #2 - Opposed to censorship

#2. Both SF&F author Ray Bradbury and Mötley Crüe bassist Nikki Sixx are strongly opposed to censorship.

Ray Bradbury has been a longtime opponent of censorship, which he once defined as “when government controls things, and you cannot publish or sell or find in a library the books that you want.” His classic novel Fahrenheit 451 is perhaps the quintessential fictional work about censorship and is read more widely today than when it was first published in 1953.

Bradbury discussed his views on the First Amendment, freedom of expression, and censorship in a 1991 interview with Gauntlet, a publication devoted to the subjects. Here are two excerpts from the interview:

Life story of Space Elevator legal expert omits $5m cracked Kindle lawsuit

Here’s another humorous chapter in Amazon’s Orwellian adventures. The blog Embodied Living recently penned a Rockwellian life story of Alisa Brodkowitz, the Seattle aviation attorney and expert on Space Elevator legal issues, whose husband, Matthew J. Geise, filed a $5 million class-action lawsuit against Amazon because the Internet retailer refused to replace the couple’s cracked Kindle e-book reader. Perhaps not surprisingly, the story of “Little Bo Peep” Brodkowitz neglects to mention the lawsuit against Amazon, even though it mentions:

• Matt Geise, Brodkowitz’s husband and official plaintiff in the lawsuit

• Beth Terrell, Brodkowitz’s friend, colleague, and attorney in the lawsuit

• Brodkowitz’s involvement in another Seattle legal laugher: a lawsuit against Boeing for toxic fumes released in the cabin of a commercial aircraft

Plaintiff in "Big Brother" lawsuit over Kindle e-reader deletes references to legal dispute

Antoine J. Bruguier, a twenty-something software engineer in California and one of the plaintiffs in a class-action lawsuit filed against Amazon over the alleged “Big Brother” feature in its Kindle e-reader, has deleted from his website references to his involvement in the dispute.

As I detailed in a recent post, “Does Kindle encode evil financial signals in brain, turning staid readers into economic vampires?”, Bruguier announced on his website that if his side wins the class-action lawsuit filed against Amazon and he receives any money, “I will donate it to my local library and I kindly suggest other plaintiffs of the class do something similar. I love the Kindle's technical aspect and I wish for its legal aspect also to be attractive.”

But now, Bruguier has deleted those lines and all other references to the lawsuit from his website. Hey, Big Brother!

The funny thing about Amazon as Big Brother is George Orwell had bad bookshop memories

Perhaps the funniest thing about the accusation that online bookseller Amazon acted as a Big Brother in deleting unauthorized copies of British author George Orwell’s 1949 novel Nineteen Eighty-Four from customers’ Kindle
e-book readers is that Orwell had bad memories of working in Booklover's Corner, a second-hand bookshop in Hampstead, England.

If you have time, read Orwell's “Bookshop Memories,” a humorous autobiographical essay that was originally published in the British magazine Fortnightly Review in November 1936. Here are the opening and closing lines of Orwell's essay:

"When I worked in a second-hand bookshop -- so easily pictured, if you don't work in one, as a kind of paradise where charming old gentlemen browse eternally among calf-bound folios -- the thing that chiefly struck me was the rarity of really bookish people. [...] The sweet smell of decaying paper appeals to me no longer. It is too closely associated in my mind with paranoiac customers and dead bluebottles.”

Seattle woman in $5m cracked Kindle e-reader lawsuit is expert on legal issues of Space Elevator

Alisa Brodkowitz, the Seattle woman whose cracked Kindle 2 e-reader prompted her husband, Matthew J. Geise, to file a $5 million class-action lawsuit against hometown Internet retailer Amazon, is a well-respected aviation attorney with experience in personal injury litigation, products liability, wrongful death, and conflict of laws. Ms. Brodkowitz even gave a presentation, “Legal Issues Relevant to the Space Elevator: Jurisdiction, Protecting Space Flight Participants, Liability Convention of 1972 and Recommendations,” at the 2008 Space Elevator Conference, held in Redmond, Washington.

So, why is an affluent bibliophile like Ms. Brodkowitz willing to have her husband serve as lead plaintiff in a class-action lawsuit against Amazon when she could easily afford to replace her Kindle 2 e-reader? According to the website of Brodkowitz Law, “Alisa believes in holding manufacturers to higher standards and restoring dignity to her clients after an injury or loss.”

Presumably, Ms. Brodkowitz will not be doing any aviation legal work in the near future for Blue Origin, an aerospace company founded and controlled by Amazon CEO Jeffrey Bezos.