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About Traditional Art / Professional Premium Member Jozef Szekeres44/Male/Australia Group :iconaustraliadigital: AustraliaDigital
 
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I had this "ahem" rude message from a miss Laura aka ~LiquidDisplay (USA.35)

She apparently has the misinformed duty to tell me "AS IT IS" with my own legal rights to my own work. She has the audacity to tell me to "move on" because the said work was done almost 20 years ago. Obviously she's not a true creative, or she'd know that all my work in my CV is important both to my career and to me personally. I note that she was happy to sling similar shit on three of my artworks, but not willing to have a response stay visible on her profile account here on DeviantArt.

Here is the exchange:

~LiquidDisplay
Laura 35/Female/USA
Ahem.  you were mentioned on the ElfQuest website....
"(Note: Warp Graphics' edition of the WaveDancers [old series], written and drawn by Black Mermaid Productions, is not presented here by mutual legal agreement with BMP; neither Warp nor BMP may allow that edition of WaveDancers to be republished or displayed anywhere, in print or online.)"
Now, maybe you should take this down?  For starters, this all happened almost 20 years ago.  Time to move on.

*Elf-Fin
Professional Traditional Artist
Thank you for letting me know of the mention.
You do not know the full details of the contracts, so you would not know that I actually DO have the rights to display it here. WaRP Graphics has misrepresented the full nature of the contract with their website note. If there was a legal problem, I would not be displaying my work, but there is not, and I can.
As for it being almost 20 years ago... You move on. it's not your work so why would you care. It's my work, and yes I care.
So you know... Black Mermaid Productions owns the characters and storyline that were in the old WaveDancers, and we are now publishing new stories with them under the new title of Elf-Fin. As to the Old WaveDancers, we have the right to publish 50% of the published work (as has WaRP).
So before spouting your misinformed and rude mouth, get to know the facts first.
You are a rude person. Time for you to move on…

Update Edit.
"Ahem", time to move on!!!
I see that you're perfectly happy to sling rude and ignorant shit on other peoples' comments to their artwork, but you're not willing to have a response stay public on your own site (and as I can no longer respond directly, I've respond here) I believe this really shows how awful you really are. Shame on you!!!

Update Edit 8Sept2013
The original contract was very clear. BMP had the reversion of rights to the work we created (rights held by WaRP during publication…with rights then reverting 12 months after the last issue released). It was agreed to in this way because BMP originated the WD story and characters, including all the character designs in our original submission of the property to WaRP. It was not farmed out work originating from WaRP. The reversion of rights aspect was agreed to in contract by all parties at the beginning of the relationship.

The "volatile" aspect was not the personalities, but the manoeuvres done by WaRP graphics. At first a hiatus at the end of issue 6 was declared, then we were given an ultimatum (due to the series' popularity) while I was painting the 6th issue. Richard sent an ultimatum in which BMP had to sign over the reversion of rights to WaRP Graphics if we were to continue. Up until this point there were no issues between us. We didn't want to hand over our rights (just to continue on to the other 3 preplanned series), so the project finished.

The other added volatile element was that Richard Pini called me up in Sydney Australia and asked that I ditch the other two members of BMP (writers Julie Ditrich and Bruce Love), and continue the WaveDancers with him alone... with me doing the art and him doing the story. I was horrified at the suggestion, as not only would it be ever so disloyal to my co-creators and friends Julie and Bruce, but Bruce and I being more then just friends, were in a committed personal relationship with many years behind us at this point as well. Obviously very underhanded of Richard, and an inconceivable outcome in my mind.

The reversion date was coming, and new Original WD art created by WaRP in their b/w comic was hitting the stands. Definitely outside our contracted agreement. So we had to stand by our rights and responded legally to stop the continuance of the use of our characters.

The usage stopped, but it took another 5 years to get the rights acknowledged by WaRP. Richard would respond with every other clause but the clause of reversion. We pursued it for about 2.5 years from Australia till it was shown that Richard would constantly skirt the clause consisting of our rights, for from Australia, all we could really rely on was that the publisher would be good to the word of the contract… but that was obviously not how this would play out. During this time WaRP had publicly announced that they owned the original WaveDancers but due to personal and contract differences and the work now being deemed to be non conical and thereafter maligned publicly by WaRP as not ever being EQ (while in publication… it was), and also that they didn't want to use them and created a new WD tribe. FInally taken on by the international legal help for artists, we were represented in NY to fight the case in the district of the written contract. FInally a court date was to be arranged, and WaRP recapitulated and returned our rights….as per the original contract.

There was a parting agreement with Warp that divided the creative elements. WaRP's work is theres... our work is ours (Such as characters and world aspects), and the published 6 issues can only be republished up to 50%. Certainly my usage of my WaveDancers artwork is well within the usage rights of the parting agreement.

This experience, ongoing for over 5 years was exceedingly draining. It almost turned me off comics altogether (I'm sure an intended outcome from WaRP).

Laura Dee's deviantArt comments were rudely presented, pointed and superior in nature, quite different to how she's presenting her comments to me… to this group (sent to me by a concerned fan). I took exception to it because she is totally incorrect in all her assertions and directives to "move on". "Ahem". She's obviously taken my response as a personal attack. It's not, it's just a deflection of an ignorant. In 2007 when I uploaded the WD art in question to DeviantArt, WaRP was indeed showcasing the BMP created characters in their WD gallery, showing off the 6 covers with our characters on them. It was here that the legal note regarding our BMP characters on the WaRP website was missing (and therefore referenced in my WaveDancers DeviantArt pages), and for many years after that. I don't know what their site is like now.

As to the Wendy Pini response…, (sent to me by a concerned fan) Wendy Pini: "From what I can recall...it was so long ago...the business relationship had to break up and the legal agreement had to be reached (no easy task) partly because the personalities involved were so intensely volatile and difficult to communicate with. One thing Richard and I have learned is that some people (thankfully very few) can hold a grudge for life. The way they keep their mad on is to rewrite history and invent stuff that never happened. Speaking for myself, I feel intensely sorry for such people and only wish them freedom from their weighty emotional burdens.
September 5 at 1:51pm"

There is no grudge on my or our part. There is no reinvention here, just the facts as experienced and documented in the contracts. The bottom line is that we have complied with all aspects of our parting agreement with Warp - the WaveDancer page on our website contains an accurate statement and copyright notice. Warp has never published the same statement which they were legally obliged to.

And really, Wendy's thoughts to my personal state of being is unwarranted, unwelcome and totally incorrect. I certainly don't bother wasting my time thinking about her. Typically her responses have no real information in them, only personal slurs.

That's it really…

deviantID

Elf-Fin
Jozef Szekeres
Artist | Professional | Traditional Art
Australia

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