So yesterday I found out that Randy Queen (artist of DarkChylde) filed a bunch of DMCA takedown notices to Tumblr to remove posts of his covers on this blog (the entire posts, not just the images). I’ve also gotten messages from other users that he’s had their stuff removed too (redraws, etc that have been featured here). Non-critical Tumblr posts of his art/covers and those praising his work appear to be unaffected.
I’m writing this to let other people who run sites that might have criticized his work ( thehawkeyeinitiative, bikiniarmorbattledamage, boobsdontworkthatway, repair-her-armor, comicartcorrections etc) know that he seems to use DMCA takedowns to remove pages that are critical of his work. And, to be prepared that he might have Tumblr remove your posts without warning (there was no prior communication of any kind, or conventional requests for removal).
Also, if you’ve submitted redraws of his stuff to these sites, you might want to ask them to put them private for now (if he complains about a submission you’ve made, Tumblr will count it as a complaint against your account).
To date, Mr. Queen is the only artist who has taken this kind of action - other artists and publishers seem to understand Escher Girls & other similar sites are fair use and criticism, and that fan discussion, positive or negative, is important and helpful to their business. (In fact, the creators I’ve interacted with are either fans of EG, or expressed disagreement but know that it’s fan criticism.)
If anybody is curious about what his DarkChylde art looked like and why they were featured on this blog you can find them here.
(Don’t harass him on his Facebook or Tumblr by the way. I’m not interested in having a feud with him, just letting people know what’s going on.)
Update: He has now filed a DMCA takedown with Tumblr to remove this post. This post is still up on Escher Girls, but every single reblog of it has been removed.
Marketing 101: This is not how you deal with critiques of your work, especially if there is no profit being made by the person you are filing against.
Lenz V. Universal Music: A. Fair Use and 17 U.S.C. § 512(c)(3)(A)(v).
When interpreting a statute, a court must begin “with the language of the statute and ask
whether Congress has spoken on the subject before [it].” Norfolk and Western Ry. Co. v.
American Train Dispatchers Ass’n, 499 U.S. 117, 128 (1991). If “Congress has made its intent
clear, [the court] must give effect to that intent.” Miller v. French, 530 U.S. 327, 336 (2000). Here, the Court concludes that the plain meaning
of “authorized by law” is unambiguous. An activity or behavior “authorized by law” is one permitted by law or not contrary to law. Though Congress did not expressly mention the fair use doctrine in the DMCA, the Copyright Act provides explicitly that “the fair use of a copyrighted
The Supreme Court also has held consistently that fair use is not infringement of a work … is not an infringement of copyright.” 17 U.S.C. § 107. Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright.
4 group https://www.eff.org/files/filenode/lenz_v_universal/lenzorder082008.pdf
In the end , you look like a dick.
Randy Queen was and has been like that even at Conventions when he bothers to attend acting like he is as big an artist like Alex Ross or Jack Kirby.
I remember back in the 90’s he was at a signing and portfolio assessment for comic shop, Downtown comics in Indianapolis IN, back when Darkchyld came out years ago and he acted like a diva and was extremely harsh to this kid who could not have been maybe 7-8 years old who came with his dad and the kid put these drawings up on the table and said “Are these good?” and he did not even bother to look at the kid or the drawings the kid placed in front of him but instead looked up at the dad and said ” It’s 2.99 a copy, if you want it signed it is 9.99 or free with a action figure for 19.99. ” The dad looked at him and politely stated that his son asked him a question.
Queen rolled his eyes and looked down at the boys art and said these words exactly. ” Artist’s don’t use lined paper, your person’a arms are not the same length. The faces look too round and the eyes look awful. If you ever want to get published you have a very long way to go. Now do you want a signature or not? “The father looked shocked and his son had tears in his eyes as he picked him and took his son’s off the table and left. I remember standing there for a second before getting out of line and placing the two copies I had bought a couple of months before on the counter near the register. The guy who owned the shop and knew me asked if I was buying the new issue to go with them and I told him no and to take the title off my pull list. I turned and got ready to walk out the shop owner told me I forgot my books. I picked them back up and walked over to the table where they were signing and asked if they could throw them in the trash for me. Queen looked at me like I had two heads for a second and thought I was joking.
It was then I ripped the books in half and dropped them on the floor and walked out of the store. I never bought another Image / Wildstorm / Top cow book for almost 10 years and sold all of my Spawn and Witchblade issues the following week when I went back to the shop to apologize to which the owner said he had no idea that Randy Queen did that and understood why I or anyone would get mad about it. The father as far as I knew never came back to the shop not that anyone would had remotely blamed him but to this day I am not surprised that some second rate artist like him would be such a dick and not want to share his art unless he is getting paid for it. In another 20 years his work will be forgotten and no one will care.