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John Byrne
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Grumpy Old Guy

Joined: 11 May 2005
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Posted: 20 February 2008 at 1:03pm | IP Logged | 1  

Hold the phone, now. Where is this coming from? Castrillo knew he was copying work for which I had not been paid? If true, how does that make him any less "guilty" than the one asking him to do it?

If someone came to me and asked me to trace another artist's finished work (as distinct from inking pencils) I would say "No" every time. (And I have been asked to do just this.) If there was any hint that it was work for which the original artist had not been properly compensated, there would be nothing on Earth that could persuade me to do the job.

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delaney clark
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Posted: 20 February 2008 at 1:03pm | IP Logged | 2  

wow, this is a heated topic.
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Gerry Turnbull
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Posted: 20 February 2008 at 1:04pm | IP Logged | 3  

Eric, fair enough.
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Darren Taylor
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Posted: 20 February 2008 at 1:04pm | IP Logged | 4  

"JB did not.  That nudges this firmly into shades of black, as far as I'm concerned. "-Thom

 

Ahhh, right I see where we are missing each other now Thom.

 

JB didn't get paid because he failed to meet the clients requirements (apparantly) so no theft there!

The "theft" occured when the commissioner -then- turned around and commissioned a tracing of something he didn't want!

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Al Cook
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Posted: 20 February 2008 at 1:07pm | IP Logged | 5  

If I were Solomon and this baby were brought to me, I'd order it split up
thus:

Ditton pays Byrne the original, agreed-upon commission price, but
instead of receiving the artwork, receives only a hi-res scan of it and
allows JB to auction the piece off on E-Bay, with all proceeds going to JB's
favourite charity.

Castrillo donates the fee Ditton paid him for the swipe-and-alter to said
same charity.

I am worshipped for my wisdom and fairness, and no-one would dare tell
me why this was crazy, unfair or impossible.
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delaney clark
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Posted: 20 February 2008 at 1:07pm | IP Logged | 6  

i have an analogy. if a music producer hired a band to write a hit song and then fired the band and gave the song to another band to play on a record.
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Thom Price
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L’Homme Diabolique

Joined: 29 April 2004
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Posted: 20 February 2008 at 1:07pm | IP Logged | 7  

Hold the phone, now. Where is this coming from? Castrillo knew he was copying work for which I had not been paid? If true, how does that make him any less "guilty" than the one asking him to do it?

***

It's coming from Mr.
Castrillo himself, a few pages back.


 QUOTE:
Pat sent me a link to the piece and asked if i could lightbox the art as is, he said he had commissioned JB to do the piece but for some reason the deall fell thru, he asked if i would trace the art

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Jesus Garcia
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Posted: 20 February 2008 at 1:08pm | IP Logged | 8  

The saddest thing about the entire incident is that it is JB's generosity in showing the commission work enabled the theft. Perhaps John should refrain from making his products generally available until the money is secured.

Or perhaps the images in this forum should be secured like the actor pictures in IMDB. On that site, you cannot download images except by performing a screen capture that would produce an inferior copy; this is true on PC technologies, anyway; I don't know about Apple PCs.

Also, bear in mind that the theft was discovered because the thief blissfully advertised the fact. This type of thing probably goes on all the time on a very large scale. I myself (for my own edification) have traced and inked images; the Jack Kirby Collector is a favorite source. I don't sell the stuff but if I did, I wouldn't be nitwit enough to telling people.

Lastly, MAC did not duplicate JBs signature. Consider that. Sometimes a commissioner commissions because of the value of owning (to keep) the composition; sometimes a commissioner commissions because of the estimated future commercial value upon resale. It remains to be seen which scenario is operating here.

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Joe Zhang
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Posted: 20 February 2008 at 1:09pm | IP Logged | 9  

When Mr. Castrillo sat down to produce his "version 2" of the Marvels piece, before he even put pencil to paper, easily more than 95% of the work was already done. Where did that 95% come from? Not from Mr. Ditton. He never paid a dime to anyone for it. It came from Byrne, without his permission, without his knowledge. It's hard it characterize this as anything other than theft.

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Darren Taylor
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Posted: 20 February 2008 at 1:09pm | IP Logged | 10  

Thom don't forget that Anthony -also- said: "The deal had fallen thru yes, why because of the bands on the wrist and
because he was trying to work something out with JBs agent.
I know he wanted the art, i know he was trying to get John to do the bands, i
offered to send him that piece of the art with the bands for free,just use a
mild adhesive. "

 

So MAC was still acting under the impression that Ditton was still looking to buy the piece.

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Gerry Turnbull
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Posted: 20 February 2008 at 1:10pm | IP Logged | 11  

is both Anthony and Pat apologising not enough? seems theres been a lot of apologising on the board recently
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John Byrne
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Grumpy Old Guy

Joined: 11 May 2005
Posts: 133340
Posted: 20 February 2008 at 1:10pm | IP Logged | 12  

JB, is there a typical design fee amount paid to Jack Kirby when doing the
FF 1 homages that Pat could use as a guideline?

••

The concept of paying design fees to artists whose work is "recycled" is
relatively new. It was instituted, as I recall, by Mike Carlin after he moved
to DC. Before that, no one gave much thought to it. One of those Of
course!
moments when the Great Carlini started doing it. (There are
an amazing number of things taken for granted out in the real world --
royalties, credits, page rates higher than slave wages -- that have taken a
long time to work their way into comics.)

I haven't done anything duplicating another artist's work since Carlin had
his bright idea, however, so I don't know if there is anything that could be
considered a "going rate".
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