I am just posting this here for archive purposes.
KIRK LINDO - MORGAN WELBORN
KIRK LINDO - MORGAN WELBORN
"We entered into a contract with Morgan Welborn to
do an unspecified amount of Pin-ups that would be used in various
publications. THE TERMS OF THE CONTRACT WERE THAT ALL ORIGINAL ART SHALL
REMAIN THE PROPERTY OF BRAINSTORM MEDIA INC."
I'm not disputing this claim, only that you sold my art and kept the money, when we had a deal as stated below.
"His contract stated that he would be paid for the sale of the original art based on the work he actually did on the art:
25% of the final selling price for Pencil Art.
20% of the final selling price for Inking over other art.
45% of the final selling price if he delivered both Pencils AND Inks."
I have done a full inventory of the art I have sent to Kirk Lindo:
13 Pin-up's penciled and inked all Published in Buxotica #1
11 Luxura Pin-up's in pencil only. 7 Published in Vamperotica Pin-up Special #1
6 Luxura Pin-up's Penciled and Inked [1 Double Splashpage] 4 Published in Vamperotica Illustrated #3
"The contract also stated that he would be paid a per page royalty:
1.1% per published page of the profits for pencil art.
0.9% per published page of the profits for inks over other pencils.
2.0% per published page for fully inked art.
He delivered a total a total of 24 images. 22 which were published in
* VAMPEROTICA PIN-UP SPECIAL #1
* VAMPEROTICA ILLUSTRATED #3
* BUXOTICA #1
And nowhere else."
24 pages were published!
"From the very beginning the art that he delivered was not in line with the instructions that we gave him."
The first two pin-up's I sent in did not have the correct hairstyle according to Lindo, So he sent me reference material So I could draw it more like his rendition. And I did that with his compliments. Never heard any critiques or notes about the rest of the pin-up's I've sent since.
Keep in mind, the first 2 pin-up's in question were sent in December of 1999, he did not send them back to be redrawn or fixed, and one of them was published in the Pin-up Special.
That was the only instruction I had the entire time of drawing pin-up's, and I have not had any complaints about the hair on the next 16 Luxura Pin-up's or even the 13 Buxotica Pin-up's. So this claim is an outright LIE.
"Even so we did send him a payment of $50.00 for the early work he delivered and instructed him to do the rest as requested."
Wrong. The $50.00 was sent from the first few Pin-up's sold on EBAY, and after I told Lindo I would have trouble sending in more work by mail because I was completely broke.
"THE TERMS OF HIS CONTRACT STATED THAT THE ARTIST AGREES TO MAKE REVISIONS REQUESTED BY THE PUBLISHER . However he continued to deliver work that was not acceptable and not done as per the instructions he was given."
He left out the last part "WORK WILL BE CONSIDERED ACCEPTED UNLESS REVISIONS ARE REQUESTED." NO revisions were requested, no artwork was sent back to me to be revised. If I had delivered artwork he deemed unacceptable, then the burden would be on him to communicate his concerns with me, which he did nothing.
"In Several instances he delivered work that was unfinished. Half of the work was inked and we had to have the work completed by another artist. of the 24 images that he delivered 10 of them had to completed by another artist just so they could be published."
By "UNFINISHED" you mean Pencils only. I was told Penciled pages would not be a problem, And that option is clearly stated in the payout terms of the contract. Out of the 11 penciled pages I sent you, 7 were Published In Vamperotica Pin-up Special #1, they were also the very first round of pin-up's sent to you in DEC 1999 and JAN 2000. And you kept my contract valid another 3 or 4 months why? If I was doing sub standard work then why was I allowed to keep cranking out pin-up's for you for the following months? Another FLASE CLAIM.
"We got tired of him not doing the complete work and causing us problems in the production of the books by not making the revisions we requested and determined his contract to be in breech and canceled his contract by mail on July 24th, 2000."
Who's "we", there's just you, and I was not drawing pin-up's in July. I could not even get a hold of you since April of 2000 when I was due to be paid my first royalty check from Vamperotica Pin-up Special #1, so April was the last month I sent pin-up's in. And the letter you are referring to was you letting me know you were filing for bankruptcy and closing down Brainstorm, which I believed happened since the Sheriff delivering the small claims subpoena found the address you use to print books under was vacant.
"The contract breech clause of his agreement clearly stated that SHOULD THE ARTIST FAIL TO HONOR THIS CONTRACT, SAID BREACH WILL CARRY PENALTIES INCLUDING BUT NOT LIMITED TO: NON PAYMENT FOR WORK, NON RETURN OF ORIGINAL ART AND NON CREDIT FOR EXISTING WORK."
Why would non credit for existing work be a penalty, or non return if you claim it anyway.
"Morgan Welborn WAS CONTRACTED TO DELIVER WORK THAT MEETS WITH THE PUBLISHERS STANDARDS. He was also CONTRACTED TO MAKE ANY REVISIONS REQUESTED BY THE PUBLISHER. HE did not do this, he breached his contract, his contract was canceled and he was fired."
I would love to see the notice you sent to fire me, you have everything else on record, as if you were expecting some lawsuit or something.
"Morgan Welborn NEVER did 30+ pieces of art for us. He did a TOTAL of 24, 10 of which were unfinished."
That's right, I produced 31 pages of art, 11 penciled 20 penciled and inked.
"Morgan Welborn's art was CONTRACTED TO REMAIN THE PROPERTY OF THE PUBLISHER. Therefore there was never any agreement to return art."
No kidding, that's all on me. But I was contracted to be paid for every piece of art sent in.
"I don't know anything about a court claim for $3000.00 dollars so I cannot comment on that."
I bet you can't, the Sheriff could not find you to deliver the subpoena.
"I DO KNOW THAT MORGAN WELBORN CONTACTED THE CAROLINA BETTER BUSINESS BUREAU CLAIMING THAT HE SENT 35+ PAGES OF ART AND WAS OWED $6000.00 IN PAYMENT.
HE ALSO BEGAN DEMANDING MONEY BEFORE HE WAS CONTRACTED TO BE PAID. HE FILED HIS $6000.00 CLAIM WITH THE BBB IN JUNE OF 2000 WHEN SOME OF THE WORK (BUXOTICA #1) WAS NOT EVEN PUBLISHED UNTIL AUGUST OF 2000"
It was at that time that we compiled our documentation for any possible court proceedings."
Contacting the BBB was a last ditch effort to do something after the subpoena could not be delivered, I was very angry as well because Lindo would not communicate with me at all from April 2000 onward. The $6000.00 number I doubled my previous claim out of stress, had no information about the print run, comics sold, etc. How could I? How could I have possibly known what I was owed?
But I do claim I am owed $3000.00 because $100.00 a page is my page rate for drawing pin-up's, since Lindo voided his own terms of the contract this has become my number.
"We have photocopies of all of the art that was sold along with who they were sold to and how much all of the art sold for. Going by the percentages that he was originally contracted for Morgan Welborn would have received a to total of $343.04 for the art sales and $45.72 of royalties for the publications.
When you take away the $50.00 that we already paid him that works out to $16.19 per image for art that he did not even complete all the work on."
I would love to see actual records of the art sold. You pretty much low-balled my work on Ebay for a quick profit. I would also love to see which pin-up's you thought were "unfinished" and how the 3rd party fixed them for publication.
"Where he gets the figures of $3000.00, $6000.00 and $1500.00, and 30+ or 35+ pages of art, I have no idea."
Yes you do have an idea, because you prepared for court proceedings as you stated earlier.
"IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW ANYWHERE THAT HE IS OWED $6000.00 OR $3000.00 DOLLARS."
I have copies of all the work I sent to you, which I will gladly post. $100.00 per page is my rate for original art sold. Also if you have the unpublished art I would like that sent back to me, then I would correct the amount.
"IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW THAT HE DELIVERED 30+ OR 35+ PAGES OF ART AND THAT WE PUBLISHED AND OR SOLD 30+ OR 35+ PAGES OF HIS ART."
That's true, except I can show all the art sent to you from my files.
"HIS AGREEMENT FROM THE VERY BEGINING WAS THAT THE ART WOULD BECOME THE PROPERTY OF OUR COMPANY."
Yup. But not the money you owe for the sale of my art. Which was established part of the agreement.
"Morgan has been making flase claims for over 10 years that are absolutely not the way things were. I have attached links to documentation concerning this situation."
According to you...
"* COPY OF THE CONTRACT(LINK)"
Thanks for this, it was extremely helpful.
* CHECK FOR $50.00 SIGNED BY MORGAN WELBORN (LINK)
* MORGAN WELBORN'S $6000.00 CLAIM TO THE BBB (LINK)
"* COPIES TO VERIFY THE SELLING PRICES OF THE ART (LINK)."
Don't see any relevant information on this photo, plus I only see 13 invoices, where's the others, and which art was sold?
"As for the "dozens" of people that he claims that this has also happened to.
Brainstorm/ Vamperotica was actively publishing new material from 1993 to 2004. during that time we published more that 100 COMICS AND MAGAZINES, we worked with OVER 300 FREELANCERS and PAID OUT THOUSANDS OF DOLLARS to those freelancers and we have the 1099 FORMS and cashed checks to prove it.
There were several cases where I canceled contracts and fired freelancers for late, incomplete or unacceptable work. If someone has a problem then they can CONTACT ME DIRECTLY over at www.Vamperotica.com, I will look into the situation and see if it merits us working something out.
However, if you have publicly lied or defamed me, my publications or my companies, or want to handle things like a message board Troll then I will not be likely to deal with them.
-Kirk Lindo
Morgan Welborn is not being truthful with what he is claiming. Out of the FIVE questions that he was asked, he answered ONE of them accurately. HIS NAME!
He LIED on Kirk Lindo about the amounts of work he did and what he may have been owed. He LIED about him to THE COURTS IN HIS SMALL CLAIM, He LIED about him to THE BETTER BUSINESS BUREAU..."
According to Kirk Lindo. Who is ILOVEMYCOMICS, and created a blog to counter my every claim acting as an anonymous fan.
I'm not disputing this claim, only that you sold my art and kept the money, when we had a deal as stated below.
"His contract stated that he would be paid for the sale of the original art based on the work he actually did on the art:
25% of the final selling price for Pencil Art.
20% of the final selling price for Inking over other art.
45% of the final selling price if he delivered both Pencils AND Inks."
I have done a full inventory of the art I have sent to Kirk Lindo:
13 Pin-up's penciled and inked all Published in Buxotica #1
11 Luxura Pin-up's in pencil only. 7 Published in Vamperotica Pin-up Special #1
6 Luxura Pin-up's Penciled and Inked [1 Double Splashpage] 4 Published in Vamperotica Illustrated #3
"The contract also stated that he would be paid a per page royalty:
1.1% per published page of the profits for pencil art.
0.9% per published page of the profits for inks over other pencils.
2.0% per published page for fully inked art.
He delivered a total a total of 24 images. 22 which were published in
* VAMPEROTICA PIN-UP SPECIAL #1
* VAMPEROTICA ILLUSTRATED #3
* BUXOTICA #1
And nowhere else."
24 pages were published!
"From the very beginning the art that he delivered was not in line with the instructions that we gave him."
The first two pin-up's I sent in did not have the correct hairstyle according to Lindo, So he sent me reference material So I could draw it more like his rendition. And I did that with his compliments. Never heard any critiques or notes about the rest of the pin-up's I've sent since.
Keep in mind, the first 2 pin-up's in question were sent in December of 1999, he did not send them back to be redrawn or fixed, and one of them was published in the Pin-up Special.
That was the only instruction I had the entire time of drawing pin-up's, and I have not had any complaints about the hair on the next 16 Luxura Pin-up's or even the 13 Buxotica Pin-up's. So this claim is an outright LIE.
"Even so we did send him a payment of $50.00 for the early work he delivered and instructed him to do the rest as requested."
Wrong. The $50.00 was sent from the first few Pin-up's sold on EBAY, and after I told Lindo I would have trouble sending in more work by mail because I was completely broke.
"THE TERMS OF HIS CONTRACT STATED THAT THE ARTIST AGREES TO MAKE REVISIONS REQUESTED BY THE PUBLISHER . However he continued to deliver work that was not acceptable and not done as per the instructions he was given."
He left out the last part "WORK WILL BE CONSIDERED ACCEPTED UNLESS REVISIONS ARE REQUESTED." NO revisions were requested, no artwork was sent back to me to be revised. If I had delivered artwork he deemed unacceptable, then the burden would be on him to communicate his concerns with me, which he did nothing.
"In Several instances he delivered work that was unfinished. Half of the work was inked and we had to have the work completed by another artist. of the 24 images that he delivered 10 of them had to completed by another artist just so they could be published."
By "UNFINISHED" you mean Pencils only. I was told Penciled pages would not be a problem, And that option is clearly stated in the payout terms of the contract. Out of the 11 penciled pages I sent you, 7 were Published In Vamperotica Pin-up Special #1, they were also the very first round of pin-up's sent to you in DEC 1999 and JAN 2000. And you kept my contract valid another 3 or 4 months why? If I was doing sub standard work then why was I allowed to keep cranking out pin-up's for you for the following months? Another FLASE CLAIM.
"We got tired of him not doing the complete work and causing us problems in the production of the books by not making the revisions we requested and determined his contract to be in breech and canceled his contract by mail on July 24th, 2000."
Who's "we", there's just you, and I was not drawing pin-up's in July. I could not even get a hold of you since April of 2000 when I was due to be paid my first royalty check from Vamperotica Pin-up Special #1, so April was the last month I sent pin-up's in. And the letter you are referring to was you letting me know you were filing for bankruptcy and closing down Brainstorm, which I believed happened since the Sheriff delivering the small claims subpoena found the address you use to print books under was vacant.
"The contract breech clause of his agreement clearly stated that SHOULD THE ARTIST FAIL TO HONOR THIS CONTRACT, SAID BREACH WILL CARRY PENALTIES INCLUDING BUT NOT LIMITED TO: NON PAYMENT FOR WORK, NON RETURN OF ORIGINAL ART AND NON CREDIT FOR EXISTING WORK."
Why would non credit for existing work be a penalty, or non return if you claim it anyway.
"Morgan Welborn WAS CONTRACTED TO DELIVER WORK THAT MEETS WITH THE PUBLISHERS STANDARDS. He was also CONTRACTED TO MAKE ANY REVISIONS REQUESTED BY THE PUBLISHER. HE did not do this, he breached his contract, his contract was canceled and he was fired."
I would love to see the notice you sent to fire me, you have everything else on record, as if you were expecting some lawsuit or something.
"Morgan Welborn NEVER did 30+ pieces of art for us. He did a TOTAL of 24, 10 of which were unfinished."
That's right, I produced 31 pages of art, 11 penciled 20 penciled and inked.
"Morgan Welborn's art was CONTRACTED TO REMAIN THE PROPERTY OF THE PUBLISHER. Therefore there was never any agreement to return art."
No kidding, that's all on me. But I was contracted to be paid for every piece of art sent in.
"I don't know anything about a court claim for $3000.00 dollars so I cannot comment on that."
I bet you can't, the Sheriff could not find you to deliver the subpoena.
"I DO KNOW THAT MORGAN WELBORN CONTACTED THE CAROLINA BETTER BUSINESS BUREAU CLAIMING THAT HE SENT 35+ PAGES OF ART AND WAS OWED $6000.00 IN PAYMENT.
HE ALSO BEGAN DEMANDING MONEY BEFORE HE WAS CONTRACTED TO BE PAID. HE FILED HIS $6000.00 CLAIM WITH THE BBB IN JUNE OF 2000 WHEN SOME OF THE WORK (BUXOTICA #1) WAS NOT EVEN PUBLISHED UNTIL AUGUST OF 2000"
It was at that time that we compiled our documentation for any possible court proceedings."
Contacting the BBB was a last ditch effort to do something after the subpoena could not be delivered, I was very angry as well because Lindo would not communicate with me at all from April 2000 onward. The $6000.00 number I doubled my previous claim out of stress, had no information about the print run, comics sold, etc. How could I? How could I have possibly known what I was owed?
But I do claim I am owed $3000.00 because $100.00 a page is my page rate for drawing pin-up's, since Lindo voided his own terms of the contract this has become my number.
"We have photocopies of all of the art that was sold along with who they were sold to and how much all of the art sold for. Going by the percentages that he was originally contracted for Morgan Welborn would have received a to total of $343.04 for the art sales and $45.72 of royalties for the publications.
When you take away the $50.00 that we already paid him that works out to $16.19 per image for art that he did not even complete all the work on."
I would love to see actual records of the art sold. You pretty much low-balled my work on Ebay for a quick profit. I would also love to see which pin-up's you thought were "unfinished" and how the 3rd party fixed them for publication.
"Where he gets the figures of $3000.00, $6000.00 and $1500.00, and 30+ or 35+ pages of art, I have no idea."
Yes you do have an idea, because you prepared for court proceedings as you stated earlier.
"IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW ANYWHERE THAT HE IS OWED $6000.00 OR $3000.00 DOLLARS."
I have copies of all the work I sent to you, which I will gladly post. $100.00 per page is my rate for original art sold. Also if you have the unpublished art I would like that sent back to me, then I would correct the amount.
"IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW THAT HE DELIVERED 30+ OR 35+ PAGES OF ART AND THAT WE PUBLISHED AND OR SOLD 30+ OR 35+ PAGES OF HIS ART."
That's true, except I can show all the art sent to you from my files.
"HIS AGREEMENT FROM THE VERY BEGINING WAS THAT THE ART WOULD BECOME THE PROPERTY OF OUR COMPANY."
Yup. But not the money you owe for the sale of my art. Which was established part of the agreement.
"Morgan has been making flase claims for over 10 years that are absolutely not the way things were. I have attached links to documentation concerning this situation."
According to you...
"* COPY OF THE CONTRACT(LINK)"
Thanks for this, it was extremely helpful.
* CHECK FOR $50.00 SIGNED BY MORGAN WELBORN (LINK)
* MORGAN WELBORN'S $6000.00 CLAIM TO THE BBB (LINK)
"* COPIES TO VERIFY THE SELLING PRICES OF THE ART (LINK)."
Don't see any relevant information on this photo, plus I only see 13 invoices, where's the others, and which art was sold?
"As for the "dozens" of people that he claims that this has also happened to.
Brainstorm/ Vamperotica was actively publishing new material from 1993 to 2004. during that time we published more that 100 COMICS AND MAGAZINES, we worked with OVER 300 FREELANCERS and PAID OUT THOUSANDS OF DOLLARS to those freelancers and we have the 1099 FORMS and cashed checks to prove it.
There were several cases where I canceled contracts and fired freelancers for late, incomplete or unacceptable work. If someone has a problem then they can CONTACT ME DIRECTLY over at www.Vamperotica.com, I will look into the situation and see if it merits us working something out.
However, if you have publicly lied or defamed me, my publications or my companies, or want to handle things like a message board Troll then I will not be likely to deal with them.
-Kirk Lindo
Morgan Welborn is not being truthful with what he is claiming. Out of the FIVE questions that he was asked, he answered ONE of them accurately. HIS NAME!
He LIED on Kirk Lindo about the amounts of work he did and what he may have been owed. He LIED about him to THE COURTS IN HIS SMALL CLAIM, He LIED about him to THE BETTER BUSINESS BUREAU..."
According to Kirk Lindo. Who is ILOVEMYCOMICS, and created a blog to counter my every claim acting as an anonymous fan.
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