1. He has claimed that he did 30+ pages of art - THAT IS NOT TRUE!
2. He has claimed that he is owed $3000.00 - THAT IS NOT TRUE!
3. He has claimed to others that he did 35+ pages of art - THAT IS NOT TRUE!
4. He has claimed to others that he is owed $6000.00 - THAT IS NOT TRUE!
5. He has claimed to others that his art was stolen - THAT IS NOT TRUE!
Please read on.
The following is what MORGANZA ( Morgan Welborn ) has been posting on the web:
"Back in 1999 I got a contract signed with Kirk Lindo at BrainStorm Comics to draw pin-up's for a few books, I was promised payment after the books hit the shelves, as the story goes Kirk Lindo stopped returning my phone calls and letters sent by Mail. He just disappeared. I drew over 30+ pin-up's and later found out he sold everyone of them on Ebay and kept that money on top of publishing my work. I even tried to file a small claims case, but he no longer (or never did0 have an office at the address in the comic, so I really had no recourse."
"I never missed a deadline. The only problem You had with my first 4 pin up's was how the hair was drawn and you sent me reference so I can get it right, and you even complemented my work after that.
There was no notice or verbal indication that I would be or was ever fired.
Publishers like you should be out of business, you have no morals or ethics, and I have a fountain of support of claims against you that will be published soon. You brought this on yourself, and I expect you won't go down without kicking and screaming, but you will. Doesn't matter how old the claims are either, it is a pattern of your behavior that will be established and up for public record.
Also, I claimed $3.000.00 on my small claim, and was just for all the pin-up's you sold on Ebay and kept the money. That's $100 per page, but I would settle for $1500 if you offered it."
The following are the details of working with MORGANZA ( 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.
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.
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
From the very beginning the art that he delivered was not in line with the instructions that we gave him. 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.
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.
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.
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.
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.
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.
Morgan Welborn NEVER did 30+ pieces of art for us. He did a TOTAL of 24, 10 of which were unfinished.
Morgan Welborn's art was CONTRACTED TO REMAIN THE PROPERTY OF THE PUBLISHER. Therefore there was never any agreement to return art.
I don't know anything about a court claim for $3000.00 dollars so I cannot comment on that.
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.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
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.
Where he gets the figures of $3000.00, $6000.00 and $1500.00, and 30+ or 35+ pages of art, I have no idea.
IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW ANYWHERE THAT HE IS OWED $6000.00 OR $3000.00 DOLLARS.
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.
IT IS IMPOSSIBLE FOR MORGAN WELBORN TO SHOW ANYWHERE THAT HE IS OWED $6000.00 OR $3000.00 DOLLARS.
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.
HIS AGREEMENT FROM THE VERY BEGINING WAS THAT THE ART WOULD BECOME THE PROPERTY OF OUR COMPANY.
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.
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.
- COPY OF THE CONTRACT(LINK)
- 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).
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
-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...
AND HE HAS BEEN TROLLING HIS STORY AT THE FOLLOWING PLACES:
1. http://morganza.deviantart.com/
2. http://blackpyramidstudios.blogspot.com
3. http://theofficialguidetodeadbeats.blogspot.com
4. http://www.digitalwebbing.com (thread 1)
5. http://www.digitalwebbing.com (thread 2)
6. http://www.unscrewedcomic.com
7. http://www.penciljack.com/forum
(LINK) CLICK HERE TO READ A TUTORIAL ON:
HOW TO HANDLE A TROLL!(LINK)
**MORGANZA ( MORGAN WELBORN ) HAS BLOCKED US FROM POSTING REPLIES AND GIVING OUR SIDE OF THE STORY ON HIS SITES, THEREFORE HE IS NO LONGER PERMITTED TO POST HERE.**
First of all there was no indication of Kirk Lindo being unhappy with my work, verbally or my letter. You cannot fire someone with silence! The last letter Lindo is referring to is him explaining how business is down and he is force for close down, file for bankruptcy.
ReplyDeleteSecond, we had an agreement that I would be paid for every pin up sold on Ebay, I have a copy of every pin-up I sent Kirk Lindo, don't care if he published them or not. The total is 31.
The BBB claim is was a lot, partly because I was enraged at how I was treated by Kirk Lindo, BBB is completely useless in this matter.
The 10 pin-ups that had to be completed, you mean INKED, since I just sent pencils. Which you said wasn't a problem to begin with. How did this create problems exactly, I sent you everything ahead of deadline.
I do have to admit how much of an Idiot i had to be to sign that contract with you, It totally removes any favor to the artist, like an Idiot I expected to be treated with some respect providing content for your books and thanks for posting it cause it will be used to teach others what to look for and also how you operate.
Kirk Lindo took advantage of the contract he created, by design. To suddenly decide the work was unsatisfactory but still publish it is beyond despicable. This is the first I've heard from Lindo since 2000, as I have tried relentlessly.
I'm not asking for money here either, I just want everyone to know what a low life scumbag you are.