Monday, October 1, 2018

A third update: Nocturnal Reader's Box and Horror Bees

Hi all! I thought I'd give a third update to everything. There's not as huge-huge an update as the last one, where Journalstone came forward to say that they were pursuing a lawsuit to gain back the $31,000 that Vincent and Jessica Guerrero owe them.

This update mostly looks at Brian Keene's podcast The Horror Show for 9/27, where he discusses recent news with Nocturnal Reader's Box and also reviews I am Providence by Nick Mamatas. If you haven't read this book, I highly recommend it, as it's well worth checking out.

So on with the update.

Brian pretty much confirms what I suspected, that a loss of that magnitude is one that could easily cause a small or indie publisher to close its doors and negatively impact authors, as it cuts into their royalties as well as what authors the publisher can take on or continue to work with.

He also confirms that various authors have come forward to say that they did not give Vincent permission to use their intellectual properties. Also... to no one's surprise, the pin that Brian says infringed his intellectual copyright was in turn taken from someone else, who didn't give their permission for Vincent to use their artwork.

As for Vincent's end, he's been somewhat vocal on Twitter under @nocturnalreads and on Instagram under @vinnychaos, the latter of which he's made private but screengrabs of some of his comments have been preserved like this little gem.

What interests me is that Vincent posted what he claims is the email exchange with Brian:




Playing devil's advocate I can somewhat see how this could maybe be construed as Vincent assuming that it's OK to go ahead with the pin, assuming that this was the only interaction the two had However that said, it's also incredibly foolish for a businessperson to go ahead with this without getting something a little more in writing to show that it's OK and that they don't owe Brian or his publisher anything. I'm familiar enough with copyright to know that it's always best to get as much confirmation as possible. Even if we were to ignore this, there are other things that Vincent included in the box that absolutely violates copyright. Here are two images (taken from TheDarkTower.org's thread on this):

The below image is a patch that is based on the film version of the short story "Weeds" from Creepshow. 



This was actually taken from this image, which was not created by Vincent and presumably not licensed either.


There's also a question of how legal it is to use King's likeness, I suppose. There's more of a rundown of various items at the forum post here.

I don't know if we'll get much more of an update until Journalstone's lawsuit gets more traction and the other publishers start joining in - or when Horror Bees starts suffering the same issues, which it almost certainly will if the claims of Vincent running it are true - and various people are saying that it is.