Tag: TMNT

Race and April O'Neil

This post recycles some bits of previous posts I wrote on Brontoforumus (2013-11-15) and the Avocado (2017-11-06).


There's a new TMNT cartoon series coming, Rise of the Teenage Mutant Ninja Turtles. Here's a video introducing the cast:

I don't recognize any of those people except the guy who plays Big Head on Silicon Valley, but they look like a good group, assembled by new voice director Rob Paulsen (who played Raphael on the 1987 cartoon series and Donatello on the 2012 one).

An E! article aptly titled Rise of the Teenage Mutant Ninja Turtles Makes History With Kat Graham as First African-American April O'Neil had this to say:

The Teenage Mutant Ninja Turtles are back—with a historical twist. Nickelodeon is returning to 2D for the new animated series Rise of the Teenage Mutant Ninja Turtles with a new voice cast including The Vampire Diaries' Kat Graham as April O'Neil, marking the first time April has been portrayed as an African-American.

And while this is a first for cross-media adaptations of TMNT, and a milestone to be celebrated, it's not quite the whole story. In the original Mirage comics series, April's race is ambiguous.

In her first appearance, in issue #2, she looks like this:

April O'Neil's first appearance: straight hair

Teenage Mutant Ninja Turtles #2
By Kevin Eastman and Peter Laird
© 1985 Nickelodeon
Scan courtesy of Ian Pérez Zayas

That look is clearly the basis for her design in the cartoon a few years later, which every subsequent version has been based on.

But in #4, she got a redesign:

April O'Neil redesign: curly black hair

Teenage Mutant Ninja Turtles #4
By Kevin Eastman and Peter Laird
© 1985 Nickelodeon
Scan courtesy of Ian Pérez Zayas

And that's more or less what she looked like for the duration of the original Mirage run.

I cribbed both of those scans from Ian Pérez Zayas's website, Chasing Sheep, which has a seven-part series on this subject called A Visual History of April O'Neil. Those pieces are exhaustive and I recommend you read them; they go into far more detail than I'm going into here.

At any rate, many readers saw April's design in the Mirage comics and inferred that she was African-American.

So was that deliberate? Well, yes and no. Here's what co-creator Peter Laird had to say about it:

[I]t depends on which co-creator of the TMNT you ask. If you ask me, I always saw April O'Neil as white. If you ask Kevin, I suspect he would say -- as he has in a number of interviews -- that she was of mixed race, much like his former girlfriend (then wife, then ex-wife) April.

Unfortunately, I can't find any of those "number of interviews" online. (Warning: do not search for "April O'Neil" at work.) But here's the best reference I can find, from the Talk section on the April O'Neil Wikipedia entry:

I found a blog in which the writer talks to creators Eastman and Laird about April's look in the early Mirage comics. Eastman says that he thought of her as a fair-skinned Black woman like her namesake (and his first wife) April Fisher. The last name O'Neil and the later comic/other media look as a white redhead was Laird's vision. Eastman's drawing was what we saw due to his being better at drawing women. Source? http://the-5th-turtle.blogspot.com/2007/12/pieces-of-april.html?showComment=1199129280001

The 5th Turtle was Steve Murphy's blog. Unfortunately, it's been down for years, and the post linked above is not available at archive.org.

But there's a 1991 article from the Greensboro News & Record that says this:

[Eastman] settles into a sofa beside girlfriend April Fisher - the model for one of the characters in his comic books - and chats about how the turtles have changed his life.

So it seems pretty clear that Eastman based April's name and appearance on his then-girlfriend, April Fisher, and intended for her to be African-American, but that he apparently never mentioned this to Laird, who always thought of April O'Neil as caucasian.

Now, it does seem a bit odd that Laird wouldn't make the connection given April's name, but I've got a theory: he knew that April O'Neil was named after April Fisher, but didn't know that she was visually based on her. So, why wouldn't he have made that connection? Well, here's a picture of Kevin Eastman's second wife, Julie Strain:

Julie Strain has curly black hair

Courtesy of Wikipedia/Wikimedia Commons
Do not search for "Julie Strain" at work either.

So I'm thinkin' dude has a type.

At any rate, Kat Graham will be the first African-American actress to play April O'Neil. Congratulations to her, and I look forward to the new show.

Babysitting

Not much time to write this evening as my wife and I are taking care of our two-year-old nephew. So far we've made it through a Ninja Turtles (2012), a Yo Gabba Gabba (with Weird Al!) and a Batman: The Brave and the Bold.

That's after a trip to the comic shop -- I still haven't finished the comics I bought two weeks ago, but I had to grab the new Astro City.

Nephew made a beeline for the display case with the Batman figures in it. His favorite was the Aragonés one. He's got good taste.

Con

Well, I did end up making it to Phoenix Comicon this past Saturday. I'm still not feeling top of my game but I'm improving.

The whole thing was pretty overwhelming and uncomfortable but I managed to meet and get autographs from most of the creators I wanted: Mike and Laura Allred signed my X-Force #116 and commented proudly that it was the book that signaled an end of the Comics Code; I also got autographs from Ben Templesmith (Fell #1), Mike Mignola (the first Hellboy trade), Terry Moore (Echo #1), and John Layman (Chew #5). I brought a TMNT #50 in case I got a chance to meet Kevin Eastman, but he was one of the few creators who had a long line.

Really I think that's the best thing about Phoenix Comicon: so many creators, so few lines.

Case in point: the legendary Don Rosa.

The only piece of merchandise I wound up buying at the convention was a signed print of Uncle Scrooge diving into his money bin. I chatted with Mr. Rosa a bit and told him how much I appreciated his work and his recent Epilogue essay, where, among other things, he discussed how poorly he's been treated by Disney. Disney refused to allow the essay to be printed in The Don Rosa Collection; Rosa commented to me that that resulted in far more people reading it than would have if they had just printed it. I told him that there's a name for that on the Internet: the Streisand Effect.

Don Rosa is one of the most popular cartoonists in the world. In the few minutes I got to speak with him, I also found him to be a sharp, funny, genuinely nice man.

He's an inspiration -- and I think one of the things he should inspire people to do is to get mad. Mad that a man of his talent, a man who has made the Disney corporation millions, only ever got a page rate for the work he did.

Shame on Disney. And all my gratitude to Mr. Rosa. I'll be putting this print in a frame and keeping it forever -- and remembering that I put some money in the artist's pocket, which, sadly, he doesn't get when you buy a copy of The Life and Times of Scrooge McDuck.

Go, Ken, Go! -- Part 4: Bibliography

I think this'll round off my Ken Penders coverage for now -- maybe I'll post more when there's news; maybe I'll write a post about why I care enough about the rights to silly mid-1990's Sonic the Hedgehog comics to spend so much time and so many words on the subject, just as soon as I figure that out myself.

Anyway, here's a list of articles about Archie v Penders and the related legal disputes. I posted comments in many of these threads myself, and it's interesting (to me at least) to watch as I go from initial skepticism -- "Penders signed a contract, he had to have" -- to eventually realizing that the root of Penders's claim is that no, he didn't sign a contract, and then slowly come to believe that he's right and Archie really did forget to make him sign one.

Far and away the most legwork on this story has been done by Tristan Oliver of TSSZ News. TSSZ's coverage has been extensive, and I intend to link a few highlights here; please understand that this is by no means an exhaustive sample of everything Oliver and his associates have written on the subject. For a more thorough list, check their Penders+Copyright tag.

By the way, though: I would advise not reading the comments section on any TSSZ News story about the Penders case. The comments section is a wretched hive of scum and villainy.

(Also: My sister-in-law owns cats named "Tristan" and "Oliver". That's kinda weird.)


Ken Penders Presents... by Ken Penders, kenpenders.com, 2010-07-07. Ken's opening salvo, where he first claims that he owns or co-owns the copyrights to everything he ever wrote or drew for Archie's Sonic the Hedgehog, Knuckles the Echidna, and assorted related specials.

Has Archie Lost Rights to Sonic Reprints? by Johanna Draper Carlson, at her blog Comics Worth Reading, 2010-07-11, mirrored on archive.org. This is the first I heard of the story; Ken's name was a bit of a blast from the past and I was surprised to hear it in the comics news.

Ken Penders Claims Sonic The Hedgehog Rights by Rich Johnston, Bleeding Cool, 2010-07-10. The first of Bleeding Cool's long-running coverage of the case.

Archie v Penders thread at Brontoforumus, 2010-07-12 to present -- this thread is assembled from all the posts I (and others, but mostly I) have written on the subject for the past several years across multiple threads. It makes for a good quick run-down to read it all end-to-end.

Archie Comics Files Federal Lawsuit Against Ken Penders, by Tristan Oliver, TSSZ News, 2010-12-01. While there had been legal wrangling prior to this, this is where the lawsuits actually started. And it is important to remember, throughout this discussion, that while fanboys continue to misstate the basic facts of the case, Archie sued Ken Penders, not the other way around. (Penders has sued Sega and EA -- we'll get to that in a bit -- but he has not sued Archie. Archie sued him.)

Penders Affidavit Offers Intimate Look At His Sonic Comics Tenure by Tristan Oliver, TSSZ News, 2011-03-03. Oliver looks over the affidavit. This is where the meat of the dispute starts to become clear: Penders is claiming he never signed a work-for-hire agreement; Archie has submitted documentation to the contrary but Penders is disputing its authenticity; Penders has other creators from the same period who back up his story. Money quote: "First, the signatures are not believed by me to be authentic."

Inside Ken Penders's Alleged Work for Hire Agreements with Archie by Tristan Oliver, TSSZ News, 2011-03-07. Oliver highlights the contracts Archie has submitted as evidence, and notices a number of discrepancies in them.

Ken Penders Files Lawsuit Against Sega, Electronic Arts by Tristan Oliver, TSSZ News, 2011-06-01. As the name implies, this is the filing of Penders v Sega and EA, over the game Sonic Chronicles: The Dark Brotherhood, which features characters who resemble the Dark Legion from Ken's Knuckles comics.

Inside Ken Penders’s Copyright Lawsuit Against Sega, EA by Tristan Oliver, TSSZ News, 2011-06-03. More detail on the suit, notably including Penders's allegations that BioWare approached him about helping develop Sonic Chronicles, which would certainly imply they were familiar with his work and the Dark Brotherhood's resemblance to the Dark Legion is not coincidental.

The Ken Penders/Archie Comics Lawsuit Continues by Rich Johnston, Bleeding Cool, 2011-06-24. More coverage of the contracts Archie submitted as an exhibit in the case, and Penders's claim -- with support from Scott Shaw and Elliot S Maggin -- that the contracts are illegitimate.

Coming Soon in 2012, by Ken Penders, kenpenders.com, 2011-12-01; Ken's statement of intent to publish his characters in his own comics, without Archie or Sega (or Sega's trademarks). At the time of this writing the thread has posts in it on up through last October; a lot of it is just Ken going in circles patiently trying to explain copyright and trademark law to his forum trolls, but if you can get through it there's a lot of edifying information on the claims he's making in the case and the legal tack he's taking with them.

Ken Penders To Publish Sonic The Hedgehog Characters On His Own by Rich Johnston, Bleeding Cool, 2011-12-04; a response to the above post. The comments thread has some interesting discussion and links related to how Archie handled the TMNT license; the TMNT Adventures comic ended around the same time the Sonic comic started.

Inside the Archie v. Penders Pre-Trial Report by Tristan Oliver, TSSZ News, 2012-02-13. Notes some of the names on the witness list; a number of former Archie editors and freelancers were slated to testify and corroborate Ken's claim that Archie did not make him or other Sonic freelancers sign work-for-hire agreements.

Penders Case: Scott Shaw Claims Copyright to his Archie Sonic Work by Tristan Oliver, TSSZ News, 2012-03-20. Includes an affidavit from Shaw, as well as one from Maggin saying he never signed a work-for-hire agreement for an issue he did of Archie's Super Teens around the same time.

Ken Penders Stops Diamond From Distributing Sonic Collections by Rich Johnston, Bleeding Cool, 2012-09-14. This was an early sign that Penders's claims were causing trouble for Archie; in the months since Archie has continued to put out reprints of Penders's Sonic work through Diamond, but among other measures it's altered covers so that his characters don't appear on them.

Settlement Terms Reached in Archie v. Penders Copyright Case by Tristan Oliver, TSSZ News, 2012-12-04. For a minute there, it really looked like it was almost over.

Flynn Addresses Altered Sonic #244; Fans Look To Penders Settlement by Tristan Oliver, 2012-12-27. A recent issue of Sonic the Hedgehog has most of the Knuckles the Echidna supporting cast sent through a Warp Ring and effectively written out of the series indefinitely. Notably, the characters in question are among those Penders created and is seeking to claim copyright on.

Archie Fighting Proposed Dismissal of Penders Copyright Case by Tristan Oliver, TSSZ News, 2013-03-27. And then the talks broke down and Penders moved for dismissal. In one of my favorite legal filings ever, Archie's lawyer argues against dismissing the case with prejudice because this would be, and I quote, "greatly prejudicial".

Penders Counsel Asks Court to Ban Knuckles Archives #4 Sale, Related Material in Dispute by Tristan Oliver, 2013-04-19. Ken's tightening the screws and pushing for an injunction; the judge has not made a decision yet.

Archie Desperate To Settle, But Can’t Without Sega – The Latest In The Ken Penders Sonic Comics Case by Rich Johnston, Bleeding Cool, 2013-05-09. A fantastic transcript of a May 2 court session; the judge quotes Laurel and Hardy but the transcript reads more like an Abbott and Costello routine. Counsel for both Archie and Penders state that they want to settle but that they haven't been able to get Sega to sign off on their terms.

And here we stand -- there's been no news since. The judge granted both parties more time to bring Sega to the table to approve their settlement, and that's the last we heard; neither Bleeding Cool nor TSSZ News has posted any updates on the case since.

I suspect all sides are hoping to settle rather than go to trial. If they settle, most of the terms will be private. But if talks break down, the case will go to trial. And from there, probably an appeal by whichever side loses. This could stretch on for years more. But like I said yesterday, I hope it doesn't -- I hope it gets settled on terms that are favorable to Ken.

Of course, while that would close the book on Penders's case, it wouldn't preclude all the other Sonic freelancers from that era from coming forward with claims of their own. As we've seen, there are lots of creators making the same claims Ken has -- and if he gets a settlement, they'll be angling for settlements of their own.

Stay tuned...


Update 2013-07-09: Archie v Penders has been settled. Two more related links:

It's Over. by Ken Penders, kenpenders.com, 2013-07-01. Ken announces that he is moving forward with The Lara-Su Chronicles.

Judge Officially Dismisses Archie v. Penders Case by Tristan Oliver, 2013-07-02. TSSZ News confirms that the case has been settled and the suit dismissed.


Update 2015-09-24: I'm late on this, but I recently found out that Penders v Sega et al was dismissed (due to a mistake in how the paperwork was filed, not due to any decision on the merits of the case itself).

TheAmazingSallyHogan has the most thorough summary of both cases that I have seen to date; it is well worth reading in its entirety.

Halloween

Just not feelin' it like I used to -- s'pose I'll put on my Axe Cop costume and hand out candy to trick-or-treaters but frankly that sounds like kind of a boring evening. Even with Buffy and Twilight Zone and appropriately Halloweeny things on Netflix.

Nice day, though. Biked downtown, got comics -- including Zip-A-Tone TMNT! -- and then dropped the bike at the shop for a tuneup and got a ride home.

Damn sight better than last Halloween, anyway.

When a City Goes to War...

I'm involved, off and on, in a lengthy project to try and consolidate my nearly 20 years' worth of comics, bag, board, and sort them. (Precisely how to sort them presents a rub -- presumably first by year and then by title, but figuring out how many months' worth of comics will fit in any given box creates a huge headache. And many comics do not print the goddamn year on the cover.)

Tonight's run through about 100 different comics from ten to fifteen years ago was largely discouraging -- most of them were from my unfortunate X-Men phase. (There was even a Clone Saga ish of Spidey in there.) As I started going through issues of Generation X, I felt a burning desire to apologize to myself for all the stupid, stupid things that seemed like a good idea when I was a teenager. I'm big on taking responsibility for my mistakes, no matter how young and misguided I was when I made them.

But then I hit on my nearly-complete run of TMNT: City at War and that reminded me that, dammit, I made mistakes, but I still had pretty damn good judgement at times, too. It's a source of constant consternation to me that I am missing one issue of that arc -- #56, to be exact.

If you have a copy you want to part with, let me know. I'll trade you a #48, as I have two copies of it for some reason.

Meantime, guess I'll keep an eye on eBay -- I was briefly thrilled to see somebody selling a TMNT #56 there, but it turned out to be the Archie comic, not the Mirage one.

And I really should start checking out comic shops in my neighborhood. I've still been shopping at my old store in Tempe despite it being 30 miles away, because they've been good to me over the past ten years or more and I am a loyal customer. But they don't have a great back issue selection, and they're also 30 miles away.

Edit, 2007-05-20: I got a message today from somebody asking if I was still looking for TMNT #56. The answer is no; I found it -- and filled the rest of the gaps in my vol 1 collection, too -- on nostalgiazone.com a few months back. Thanks anyway.

I am still missing the bulk of the original Tales series, so if anyone has any hot tips on those, let me know. Thanks.

My Best Idea Ever

I've been thinking a lot about this MAME business.

Specifically, I've been thinking about how some games are qualitatively different when you don't have to worry about quarters.

Oh, sure, most of the classics (Pac-Man, Asteroids, Donkey Kong) knock you back to the beginning of the game when you run out of lives. And most fighting games knock you back to the beginning of the match. But beat-'em-ups, shooters, and generally any coop multiplayer game relies on coins for its basic challenge -- even the worst player can brute-force his way through Ninja Turtles with unlimited quarters.

So I've been wondering how to keep that original challenge factor when I finally get my Mac Mini up to snuff and can fire up MAME with the guys.

And today, I stumbled on a solution:

Instead of using quarters, take drinks.

Make it a drinking game. Every time you have to hit the Insert Coin button, take a drink.

Feel free to use that one.

(Happy birthday Mom!)