smudgedragon: watercolor of dragon cleaning its magic pearl (Default)
Thank you for sticking it out while I've been convalesing. Being sick for two weeks solid has been no fun. Still not truly over it but I'm well enough to try and resume at least some work.

To be honest, it's been really hard to get outta bed with the US in the knots it's been in. Watching as good friends, neighbors, and colleagues suddenly get thrown onto political chopping blocks for things that should be protected under the contitution, is more than a little disheartening. I pray things work out for the right and soon, and I know good folks like the ACLU (to name one) are on the job. I just hope they can act quicky enough before irreparable damadge is done.

Unfortunately, during my convalescence, my subscription for Maya LT bounced. This means that I can't work on E'ara for a while. Dosn't mean I won't be working on the short thou. I still have boards to clean up. So I'll probably concentrate on that instead.

Another thing I have been working on is slowly updating the Radio Comix Site for Elin as a B-Day gift to her. I'm about 1/2 way done with that project. I am currently making the site is Mobile/Tablet friendly, and will be updating the front page last to be less bloggy and more "This is who we are and what we do" with the added advantage that the site doesn't have to be poke often on our end while keeping good info up for others.

Between all this, my commission docket is mighty empty. If you want a commission by me, now's the time to speak up!

I think that's it for news from me. Will hopefully have something visual to post later this week.

Peace.
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)

Mirrored from Smudge Marks & Engel Werks.

Just a heads up ~ Radio Comix (Smudge’s Publisher for BMI, Ebin & May, Liberty from Hell) is having a big clearance sale.



Super End of Summer Warehouse Blowout Sale on the Radio Comix Online store!

It’s too hot to do inventory, and we wanna clear out some boxes from storage so you get bargains galore! Discounts from 15%-50% on comics, graphic novels, back issues and more! Everything from furry to anthro to manga to yaoi to adult, every genre is on sale!


If you ever wanted to get your hands on hard copies of these, now’s the time to do it. ^.^

smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
The other day I get a text from Elin. Apparently, a law firm from New York had just contacted her stating that she (Radio Comix) had been named as a defendant in a copyright suit that just hit the public record. Oh, and the property in question was "Bureau of Mana Investigation".

At first I was like "Wait. What?!" as panic and dread set in. Baron and I have been living law-drama Hell for the past few months due to family. I *really* did not need another thrust upon me.

Elin quickly assured me that was not the case and nothing needed to be done. Mostly due to a ruling the judge had already handed down. Then she sent me a link to the public court record.

"Read it. Preferably with popcorn. It's comedy gold."

Oh, boy. Was she right!

Apparently said Plaintiff, who shall remain nameless*, was trying to sue Radio for (come on, say it with me now in your best Dr. Evil voice) ten miiiiillllion dollars over the fact that, he claimed, I had stolen his character idea of an anthropomorphic unicorn with blonde hair and sun-glasses that he had published in 2007 by FurNation.

Yeah. I'm going to let that horrid run-on sentence sink in for a moment.

Rock'n the Casba!
She's normally a blonde who dyes her mane before DJ performances, right? That counts! (NOT)
DJ Pon3/Vinyl Scratchtm Hasbro
Animated Gif by FaithBringer

Lets break this down.

You cannot not copyright characters, you trademark them. You can copyright an illustration of a character, or a body of work of a character, but not the 'idea' of a character. Trademarking is a whole other kettle of fish law-wise. Much more expensive to file and much harder to prove in court. His petition for suit was filed under copyright law.

The filed complaint, "anthropomorphic unicorn with blonde hair and sunglasses" is pretty damn nebulous and vague. Judges hate vagueness. Don't even get me on the gambit of what "anthropomorphic" means and the great range of mental convolutions that covers.

The first published instance of Amark, the unicorn in question, is actually back in 1989 when I was in high school, under the stories original name "Demon Hunters". As far as I can tell, that was before this person was even born.

All the girls go crazy for Unicorn Villians!
Blonde? Check. Unicorn character? Yup. Sunglasses? Close enough....
Full Frontal (Char Aznable)/Gundam Unicorntm Sunrise
Vetor art by patgarci

As for Radio Comix incarnation, the first issue is dated 2002 and ran like clockwork, bi-monthly, for 8 issues until 2003. Quite a time gap there between when Radio officially published the issues in question and the stated FurNation's date.

Fortunately, it looks as if the Judge found this just as laughable as Elin and I did since the Plaintiff's claim was "dismissed with prejudiced."

It is apparent from these images that "an average lay observer" would not recognize the Radio Comix character "as having been appropriated from [plaintiff's] work." Peter F. Gaito Architecture, 602 F.3d at 66 (citation and internal quotation marks omitted). That both characters are unicorns wearing sunglasses is not a sufficient basis for a valid infringement claim. See Mattel, Inc. v. Azrak-Hamway lnat'l, Inc., 724 F.2d 357, 360 (2d Cir. 1983); Nichols v. Universal Pictures Corp., 45 F.2d 119, 121 (2d Cir. 1930). Put simply, it is clear that the two characters are not "substantial[ly] similar[]."

The Judge also handed down a "Stop darkening my court room with frivolous lawsuits".

Plaintiff is hereby warned that if he continues to file repeated frivolous complaints he may be subject to a filing injunction or the imposition of monetary sanctions upon notice and opportunity to be heard. See Lau v. Meddaugh, 229 F.3d 121, 123 (2d Cir. 2000).

So, thank you Mr. Judge, for being a sane human being. And for the warm, fuzzy feeling that, at least in this case, the system DOES work.

*Munches popcorn, happy in the knowledge that I did not have to get involved.*
--

* You can read the court doc yourself if you really want to know.
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)

Radio Indy reading comix by *SmudgeDragon on deviantART

Because there are just not enough images of cats reading Digital Comix out there.

Indy is Radio Comix's Mascot, so a quick doodle of him reading comix the new fangled way seemed appropriate. =^.^=
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Just a self reminder of what I did get done this past week. Kind of important since I spent the entire first 1/2 of the week (if not more) sick with allergies in bed. I hate being a slug and feeling like I'm not getting anything done, so to make myself feel better, I've made a list of all the things I *have* done to prove this week was not a total waste. Nothing shakes oneself from the dismal sluggy-glums that proof of accomplishments. ^.^

Finished Cantrip and waiting on proof copies before giving a green light to the print run (also waiting on final editor approval of layout and such).
Radio Comix and SinFactory Websites maintenance and upgrades <- not a small one either since WordPress did a major upgrade this past week and all the add-ons need twiddling because of it.
Posted Oona for the week for Mark - Poor bunnies are in the drink!
Started processing Liberty from Hell #7 for digital distro (got about 4 pages in before Photoshop died - phooie!)
Posted BMI #4 to ComiXology - now waiting on the review of #2-4 before going live. No clue when that will be. #1 is up if folks wanna check it out.
Posted info about Cantrip pre-orders on the Radio Comix Front page.

So yeah - not as bad as I thought. While most of it is little stuff, or a little chunks of something a lot bigger, at least it's moving and not at a standstill. There's still a lot of stuff on my docket that I haven't even touched that I need to get too, but I'm trying not to juggle too many plates at once and seeing how I can get things off so other things can come to the fore-front. It's going to be a slow process. I just have to remind myself what's actually gotten done and not look scarily at all the things that I haven't gotten to yet. One step at a time.
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Just doing a quick "I'm not dead yet" post.

At the moment I am full of antibiotics, prednisone, and tube of alchemy impersonating a facial lotion. Yeah, allergies this summer are bad. But I'm slowly regaining functionality.

Alas - it'll still be a while before I can get the next page of Ebin & May done. Have been slowly poking at it, but nothing I can post as of yet.

For Radio work, however, I've got all of Cantrip, the new book by Shon Howell and Phil Gibson, ready to go. Just waiting on the proof copy from the printers now. Will probably spend a day getting BMI #2 ready and posted to ComiXology. Then it's onto lettering the last book of Liberty From Hell for Comics Plus.

On a personal note - I've been spending that last couple of days occasionally poking at Zazzle again. Mostly in setting Baron up his own store front (http://www.zazzle.com/engel_werks) and moving his products from store to his. It'll be a while for everything to move over as well as setting up new prints there. But it's a start.

I know there's more, but that's all I can think about for now. Back to the slow grind!
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Because it's a sad dog that won't wag it's own tail...


Liberty from Hell #6, digital edition is now available on your computer or mobile devices. Completely rescanned and released in it’s original sepia tone colors with a new cover, Christina “Smudge” Hanson’s fan favorite tale of war and love in the dark ages is now available on the Comics Plus app.

Phalloide finally cuts and bails on Andre and Melantha. But Philotanus is onto him and stops his escape, imprisoning him, right under Rook's Claw's noses. Only one more issue to go!

$0.99 – 32 pages, color cover, sepia tone interior, mature readers.
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Mostly this is just a list for myself - but I'm making it public so folks know were I am in the great scheme of things.

Liberty from Hell #6 (digital) - needs cover. interior finished and in proofing stage
Cantrip GN - Starting compile since I now have the ISBN
Havoc Inc #9 - Scans complete, need to process pages for Website (currently behind schedule - way behind)
Process BMI #2 for ComiXology (because none of the digital comix guys want it in the same format... >.<)

I know I've forgotten stuff but this is kind of all the work that needs to be done now, Now, NOW!

Proud Ebin

Mar. 6th, 2013 07:49 pm
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Ebin & May has updated - http://www.radiocomix.com/ebin-and-may/comic/proud-ebin/

--

Just a quick "I'm not dead yet," post.

Been working my butt off on so many Radio things and stressing trying to get the next chapter written, I think my health finally broke down. Fun..... NOT. So I'm now going slower than before. And stressing more because of it. C'est la vie.

I do have the first draft of the next chapter down and am currently mulling it over to see where my holes are and if it's *really* the chapter that is needed next (without writing myself into a ditch). With luck, I'll start posting it next week. That's my goal anyways. Wish me luck!
smudgedragon: watercolor of dragon cleaning its magic pearl (Spit & Polish)
Don't mind me - I'm just stressing out here.

So - as folks know, I've been heavily involved with Radio Comix's website and digital distro end of things for the past couple of years. I mostly took this volunteer work to try and build up a good structure at Radio for them to build their business on and, with great hopes, help prop up my titles that are published though them along with the entirety of the company.

I have accomplished a lot - got two good, stable and easily maintainable websites up and running (radiocomix.com and sinfactorycomix.com) and posting on regularly, gotten Radio's foot in the door with both Comics Plus (iVerse) and Graphicly for digital distro, helped bring in a new artist to the website and possibly  more in the coming year.

But this year, my docket has really filled up with things to do, and more are getting added without much getting taken away. I need to contact and play editor to at least five different artists (thankfully, two of them are *very* easy to work with and need very little in the way of motivation, hand holding, or prodding). I'm also compiling books for several titles, some for digital distro, some for print. Normally, doing all these things would not be an issue. I don't mind doing them, and on many levels I actually enjoy doing them.

Just not all at once.

I guess the thing that's frustrating me most is that at the end of the day, I have very little time to work on my *OWN* comic, Ebin & May. And considering that Ebin & May is one of Radio's better read titles on the site, that hurts everyone. But if I don't do this other stuff, it literately won't get done.

But the Bunnies....

Argh!

I know I'm pretty bad at time management. I know it's something I need to get better at. And it's worse when I tend to be a one-project-at-a-time kind of girl. But I suppose life is like that. Always getting in the way.

I'm hoping next week to push everything else Radio aside and just focus on getting the next Ebin and May story out the door. Once I have a script/layout I can better manage my workload and spread the pages to be done out and interspersed with everything else. But to write, I need big swaths of time, which at the moment I'm just not getting, to much frustration.

I should probably just put some sort of filler "I'm not dead yet" art up. Like I have time to do that too. ~.~

Okay - frustration rant over, I need to get back to work.
smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

And Houman is officially on the warpath. ... like he wasn't already.

This is the only page for this week, and I'm taking next week off to work on the next chapter script and get caught up with other Radio work. No rest for the weary!

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

That is one maaaad tiger!

oh - and in other news, one of my other comics, Liberty from Hell just went live on Comics Plus mobile app the other day. I've been working my bum off rescanning and lettering the entire book so that we could present it in the original sepia toned color that it was painted in. While I freely admit the title is not for everyone, I'm still dang proud of it as a story.

More info about it HERE.

smudgedragon: watercolor of dragon cleaning its magic pearl (Default)
Liberty from Hell Digital Edition cover 1

The Demon Phalloide's back for a little more fun, now on your mobile devices. Completely rescanned and released in it's original sepia tone colors with a new cover, Christina "Smudge" Hanson's fan favorite tale of war and love in the dark ages is now available on the Comics Plus app.

After the fall of the Roman Empire, during the time of the Idle Kings, the vice demon Phalloide was unwittingly let loose onto the mortal world. He took to his liberty from Hell like a sailor on shore-leave- until he found out that he'd just been conscripted! Now, a soldier in Rook's Claw, a mercenary company, the world's first conscientious objector is finding things on the mortal plane are not entirely black and white. Things only get more complicated for poor Phalloide when the angel Azeal shows up to make him a most tempting offer- if he can keep his libido in check and pass a simple test! Witty and fun historical comedy with a magical twist.

$0.99 - 32 pages, color cover, sepia tone interior, mature readers.

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

15 minutes to midnight still counts as posting on Tuseday, right?

>.>

<.<

>.>

Been having fun diagnosing tech issues all day which meant I had to start the art for this page latter than I would have liked. Never did fix the tech issue. But the art got done so 1 outta 2 ain't bad.

^.^

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

Well, still under the weather but doing well enough to get the next page done and out the door.

Been watching Mad Men while I was resting. Good series, but definitely written by guys @.@

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

Dang those pesky magi, for putting up those pesky wards! How's a scout support to get his job done with those littering the woods. Never mind the last thing that Valkyn and Rani want is for scouts to be spying on them...

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

Wow- these past 2 weeks have been busy, busy, busy! Mostly trying to get one of my other titles, Liberty from Hell, ready for digital distribution. This ended up being a lot more work than I was initially expecting since I had lost all of my original working files. So I had to rescan and re-letter everything from scratch. But the results were so worth it, as this new edition will present the art in the original sepia-tone washes. I also did a new cover for it too!

But now that's all uploaded and outta my hands so that I can focus back onto Ebin & May. Weeee!

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

Hazzah! The last page of this chapter!

I'm loving all the comments about Fluffwiena and her character arc. Thank you so much for a wonderful discussion from all of you.

Sorry for not posting last week. Life kept interrupting. Sometimes for bad, but sometimes for good too. Bad part was my allergies really kicked into high gear and there were a few days I just could not get out of bed. This is, unfortunately, is kind of common for me this time of year. Good part is that my Brother, who I have not seen in the flesh for a couple of years, dropped by one day and we spent the day catching up. It was great to see him again.

Anyways - this will be the only posting for this week as I set up for the next chapter, then it's back to the typical Tuesday-Thrusday schedule with a little luck! Enjoy!

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

Wow - I'm really slipping on my updates again. Sorry. Allergy season is in full swing here again. Looks to be a bumper crop of ragweed this year. And it's messing with my head. So at least for the next couple of weeks, expect sporadic and late updates. I will do the best I can to stay on schedule, but there are just going to be days I need to rest and there's no getting around it. But I wanted to give you guys far warning.

Also - thanks so much for the witty comments on the last few pages. It's awesome to see such positive reaction to Fluffwiena's character arc. While I haven't been able to respond to each, I do read them all and am very touched by each of them. Thank you so much!

Onwards!

smudgedragon: (Radio Comix Logo)

Mirrored from Ebin & May.


Ebin and May has updated!

(╯°□°)╯︵ ┻━┻

Princesess Fluffwiena; Champion Table Flipper.

Oh come on, you could see this coming a mile a way. But she really did need to blow off some steam.

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