Tag: legal

AfterShock Comics emerges from bankruptcy

The company plans to start publishing comics again.

In other bankruptcy news this week, AfterShock Comics has announced that they have emerged from Chapter 11 bankruptcy and plans to begin publishing comics again.

AfterShock, the publisher of Animosity, Bunny Mask, Babyteeth and more, filed for bankruptcy protection in late 2022 “due to the impact of the COVID-19 pandemic,” according to the press release. They’ve been fairly quiet ever since, and honestly I figured we’d never hear from them again (although their website has never gone dark in that period).

“The pandemic and subsequent writer’s strike impacted our business in ways nobody could have predicted,” said AfterShock Comics CEO Jon Kramer. “While we still believe that securing financing in the spring of 2020 to grow out our business and keep everyone working was the correct strategic move, business conditions proved unstable and, in spite of positive interest on the investment front from numerous parties, the ongoing uncertainty amidst the prolonged pandemic disrupted our momentum.  Though recognizing the effect it might have on our extremely important relationships with creators, fans, distributors and retailers, the restructuring process was the best avenue we could have pursued to protect our assets and the work of all those who created content for AfterShock.”

Continue reading “AfterShock Comics emerges from bankruptcy”

Diamond moves closer to having a new owner

The bankruptcy court approves the bid from Universal Distribution and Ad Populum, with a final closing date still pending.

It looks like Diamond is moving ever closer to having a new owner, and — surprise! — it’s not the top bidder in their bankruptcy auction.

Alliance Entertainment, “a global distributor and wholesaler specializing in music, movies, video games, electronics, arcades, and collectibles,” won the auction, which led to a bunch of drama that I’ll recount below. But after all sorts of shenanigans — is that a legal term? — the bid from Universal Distribution LLC and holding company Ad Populum has been approved by the court.

Under the agreement, Universal will acquire Alliance Game Distributors (a different company than Alliance Entertainment; things haven’t gotten that weird), and Ad Populum will acquire Diamond Comic Distributors, Diamond Book Distributors, Diamond Select Toys & Collectibles, Collectible Grading Authority and “other related assets.” Diamond UK remains separate from this sale process, and the transaction is subject to final closing.

The press release had quotes from all three entities, with Joel Weinshanker, managing director of Ad Populum, winning with the best one:

“Ever since I was young, I’ll never forget walking through the front door of my neighborhood shop and spotting those iconic Diamond Comic boxes, each one opening to reveal my dreams and ambitions,” said Joel Weinshanker, managing director of Ad Populum. “We’re incredibly excited to build on Diamond’s remarkable legacy by bringing Ad Populum’s best-in-class sales, marketing, and distribution to the next chapter.”

Continue reading “Diamond moves closer to having a new owner”

Quick Hits | Rest in peace, KC Carlson

Plus: Rob Liefeld, Neil Gaiman, DSTLRY, convention news and more!

Former Superman and Legion of Super-Heroes editor KC Carlson has passed away. His wife, Johanna Carlson-Draper, reported the news on her blog.

A longtime comics fan, Carlson came into prominence as an editor at DC in the early 1990s, working on Legion of Super-Heroes, its sister title Legionnaires, Who’s Who in the DC Universe, Zero Hour, the Superman titles and collected editions of V for Vendetta and Sandman, among other titles. In addition, he also worked in comics distribution for Capital City and for mail-order retailer Westfield Comics as a blogger.

“Sad to hear of the passing of KC Carlson, one of the gentlest effective editors DC had in my decades,” wrote former DC executive Paul Levitz. “KC had a love for comics that came out in all his work in the field, in all his writing about comics, and in the open encouragement he offered creators. He did a stint guiding the Legion after my second run, and while it wasn’t to my taste (what parent likes the approach of adoptive ones to their kids?), it’s a time many Legion fans recall fondly.”

We offer our condolences to Johanna for her loss, as well as KC’s other family, friends and fans.

Continue reading “Quick Hits | Rest in peace, KC Carlson”

Diamond Comics Distributors files for Chapter 11 bankruptcy

The once-dominant comics distributor is ‘looking at potential buyers for their … business units.’

Diamond Comics Distributors, which spent decades as the primary comics distributor in North America, has announced they’ve filed for “a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court.”

This means they’ve filed for protection from those they are indebted to as they reorganize their business, keeping them operational as they attempt to pay back their creditors. This is different than Chapter 7 bankruptcy, where a company goes completely under, is sold for parts and the money is used to pay back those they owe.

As a part of their restructuring, Diamond says they’ve already started negotiations to sell their Alliance Game Distributors business to Universal Distribution. It sounds like Universal could be a potential buyer for their Diamond UK business as well. They also said they’re looking at potential buyers for their other business units, including Diamond Book Distributors, Collectible Grading Authority and Diamond Select Toys, as well as their main comic, toy and collectible distribution lines.

“Diamond has been a linchpin of the comic book industry for over four decades. Our priority has always been to provide quality service to publishers, retailers, and, ultimately, comic fans, and we remain committed to finding additional buyers for our businesses,” said Diamond President Chuck Parker in the announcement.

Continue reading “Diamond Comics Distributors files for Chapter 11 bankruptcy”

Bill Willingham says ‘Fables’ is now in the public domain; DC says ‘Nope’

Willingham severs ties with the publisher with extreme prejudice.

Citing ongoing problems in working with DC Comics, Fables writer Bill Willingham has said he is releasing Fables into the public domain.

The quick version:

  • On Sept. 14, Willingham sent out on a press release on his Substack saying that as of Sept. 15, “the comic book property called Fables, including all related Fables spin-offs and characters, is now in the public domain.”
  • Willingham followed the next day with another post where he interviewed himself, citing problems he’s had with DC in recent years and saying “DC doesn’t seem to be capable of acting fairly and above-board.”
  • DC responded with their own statement, saying that they own Fables and that the company “reserves all rights and will take such action as DC deems necessary or appropriate to protect its intellectual property rights.”

So what’s this all about? Let’s break it down …

Continue reading “Bill Willingham says ‘Fables’ is now in the public domain; DC says ‘Nope’”

Virginia judge dismisses case against ‘Gender Queer’

The court dismissed it based on First Amendment and due process grounds.

Circuit Court Judge Pamela Baskervill has dismissed the case that sought to label the graphic novel Gender Queer by Maia Kobabe and the novel A Court of Mist and Fury by Sarah J. K. Maas as obscene and illegal to sell.

The judge found that the statute pursuant to which the petitions were filed violated the First Amendment and the constitutional right to due process. You can read the judge’s full decision here.

Jeff Trexler from the Comic Book Legal Defense Fund served as Kobabe’s co-counsel and offered more details on the decision in a lengthy Twitter thread.

“Normally an obscenity statute works the way you’d expect a criminal statute to work: a person produces, possesses, distributes, etc. certain material, gets arrested on obscenity charges, gets convicted or found not guilty,” he posted. “Virginia Code § 18.2-384 is different. It provides that a citizen or attorney of any VA county/city in which sale or commercial distribution of a book occurs can initiate a proceeding to have the book declared obscene. When that happens, the judge can issue an order to show cause that the book is not obscene & can also issue a temporary restraining order against the sale or distribution of the book!”

Continue reading “Virginia judge dismisses case against ‘Gender Queer’”

Comics Lowdown | Creators file class action suit against Action Lab Entertainment

Plus: News on TOON Books, Image Comics, Archie’s new editor-in-chief and more!

Nearly 40 creators have signed on for a class action lawsuit against Action Lab Entertainment and Action Lab president Bryan Seaton. Action Lab has published a long list of titles over the years, including Spencer & Locke, Princeless, Jupiter Jet, Midnight Tiger, Molly Danger and many others.

According to ClassAction.org, the 46-page complaint “contends that although Action Lab promised to print, promote and market creators’ works, report quarterly sales and income numbers, properly maintain social media accounts, and generally make a reasonable effort to sell comics, the company has largely done none of these things and even failed to inform creators when its office shut down ‘without reason.’”

Creators listed in the complaint include David Pepose, Rylend Grant, Jorge Santiago Jr., Jeremy Whitley, Ken Marcus, Tom Rogers and many more. You can read the full legal complaint here.

Continue reading “Comics Lowdown | Creators file class action suit against Action Lab Entertainment”

Comics Lowdown | More ‘Gender Queer’ controversy

Plus: Tanzanian cartoonist arrested, NYCC manga news, and more!

Gender Queer Challenged and Defended: The Brevard, Florida, Public Schools have removed a book from the Melbourne High School public library because it contained “adult images that have no place in education.” While they did not name the book, Florida Today speculates that it was Maia Kobabe’s Gender Queer, which was the subject of a recent discussion on a local Facebook page. Superintendent Mike Mullins said that “BPS staff immediately agreed that this book violates our guidelines and that it has no place in our school district,” and he added that he has instructed the staff to check that there are no other such books in the school libraries. Gender Queer was also removed from the Fairfax, Virginia, public school libraries, but local station WTOP reports that students have pushed back: Over 400 students from across the district have signed a letter protesting the removal of the book. And in Williamstown, Michigan, parents are objecting to their children getting library cards because the book is in the local public library, according to the Lansing CityPulse.

Continue reading “Comics Lowdown | More ‘Gender Queer’ controversy”

Comics Lowdown | Marvel creators suit, CEO’s legal wrangles

Catching up with the Marvel court case, plus the latest on Ike Perlmutter, Scott Adams and Ben Garrison.

Cover of Marvel-Verse Black Widow, showing the title character wielding a glowing sword.

Marvel: In case you haven’t had time to digest the news that Marvel has sued several creators who had taken legal action to get the rights to their characters back, here’s the scoop from The Hollywood Reporter. If you have access, the New York Times talks to the lawyers on both sides.

Meanwhile, Marvel chairman Ike Perlmutter has had a busy week. On Monday, the Military Times reports, the House Oversight Committee stated that Perlmutter and two others had “violated the law and sought to exert improper influence over government officials to further their own personal interests.” At the time, the three were “unofficial advisors” to Trump on Veterans Administration Affairs. Things went better for Perlmutter on Tuesday, when he succeeded in fending off a lawsuit by a neighbor, with whom he had quarreled over tennis courts, and who subsequently accused him of sending poison-pen letters to their neighbors and 1,000 prison inmates. If you like true-crime stories where all the crimes are petty misdemeanors, get comfy and settle in with THR’s coverage, which has plenty of links to the various tentacles of this story.

Continue reading “Comics Lowdown | Marvel creators suit, CEO’s legal wrangles”

A tale of two Sleepers

A recent graphic novel published by Simon & Schuster is in the spotlight for using the same title as a DC/Wildstorm comic.

Variety is reporting that Warner Bros. is considering legal action against the creators of a recent graphic novel called Sleeper.

Jed Mercurio, the showrunner for a British TV show called Line of Duty, co-wrote Sleeper with Prasanna Puwanarajah, an actor he’s worked with before. Coke Navarro drew the project. The problem, of course, is that the title “Sleeper” is already taken — Ed Brubaker and Sean Phillips used it back in the 2000s for a series about the Wildstorm hero Grifter that was published by DC Comics.

“Somehow no one in the entire comics industry had heard about this book of his until it was already at the printer,” Brubaker said about Mercurio’s graphic novel in his email newsletter. “Needless to say, WB owns the copyright and trademark to Sleeper as a series of graphic novels (and TV and film, I believe) and obviously they were more than concerned. So from what I understand there are a lot of legal things happening with them and the other publisher right now.”

Continue reading “A tale of two Sleepers”

Comics Lowdown | Youth Media Awards announced

Plus: Egyptian cartoonist arrested; columnist proposes banning MAGA wear at conventions.

Library Talk: The American Library Association’s Midwinter meeting just ended, and the big event, as always, is the Youth Media Awards—this is when the Newbery and Caldecott medals, and a host of other awards, are announced. For over 10 years, graphic novels have won some of these awards; last year, Jerry Craft’s Class Act won the Newbery Medal, the first graphic novel to be so honored. This year’s awards:

  • Dragon Hoops by Gene Luen Yang, with color by Lark Pien, was a Printz Honor Book (runner-up for the Printz Award for excellence in literature for young adults);
  • When Stars are Scattered, by Victoria Jamieson and Omar Mohamed, illustrated by Victoria Jamieson, color by Iman Geddy, was a Schneider Family Book Award honor book (for “books that embody an artistic expression of the disability experience”);
  • Kent State: Four Dead in Ohio by Derf Backderf and Solutions and Other Problems by Allie Brosh were among the ten winners of the Alex Award for adult books that appeal to teen audiences;
  • Catherine’s War, by Julia Billet, illustrated by Claire Fauvel, and translated from French by Ivanka Hahnenberger, was an honor book for the Mildred L. Batchelder Award for translated books.

On Twitter, librarian Matthew Noe took a tour of the virtual booths of all the comics publishers at the show, with a word or two about each one. If you are interested in learning more about comics publishing and who does what, this is a great place to start!

Continue reading “Comics Lowdown | Youth Media Awards announced”

Comics Lowdown | Waid/Meyer lawsuit settled

Plus: Court rules Dr. Seuss/Star Trek mash-up book not protected by fair use, ‘Batman’ #1 auction and more!

Legal: Comics creator Richard Meyer has dropped his lawsuit against Mark Waid, according to Waid’s legal defense GoFundMe page. The suit began in 2018 after Meyer announced that Antarctic Press would publish his comic Jawbreaker. The publisher reversed that decision after a phone call from Waid, however, and Meyer successfully crowdfunded the comic instead. He also sued Waid for “tortious interference with contract and defamation.”

Continue reading “Comics Lowdown | Waid/Meyer lawsuit settled”