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TSR Darlene tells NuTSR NO!

The artist Darlene, who designed one of the original TSR logos that TSR3.5 is currently using, has emphatically and publicly refused to endorse the company's use of the logo. Darlene's work appeared in early Dungeons & Dragons materials, and included the full-color map in 1980's World of Greyhawk. In December, I finally reviewed the contract Justin LaNasa (JL) wanted me to sign. That’s...

The artist Darlene, who designed one of the original TSR logos that TSR3.5 is currently using, has emphatically and publicly refused to endorse the company's use of the logo.

Darlene's work appeared in early Dungeons & Dragons materials, and included the full-color map in 1980's World of Greyhawk.

17AEE64F-2E34-4876-9FBB-FB37032C296D.jpeg


In December, I finally reviewed the contract Justin LaNasa (JL) wanted me to sign. That’s when I took a stand and gave this answer: “I prefer not to be directly involved in any way with your lawsuit against WOTC. Therefore, I do not give permission to use the Wizard-head logo."

For the longest time, I tried to remain neutral, aloof, and unaffected. I wanted to avoid being associated with the bombastic claims of the new TSR.

JL first responded with a denial: “We were not planning on having you in the lawsuit this is why we ask for your permission.” Then a guilt trip: “We really tried to bring back something good with TSR.” Then played the underdog card: “it seems like WOTC and their supporters have a lot of fear and sway amongst the industry.”

It’s upsetting if JL thought I would be stupid enough to sign a contract without reading or comprehending it. In my response, I referred him to item #3 which obligates me to defend his position in his WOTC lawsuit. 


The pressure they are putting on me to reconsider has increased. Ernie Gygax thinks granting my permission for them to use the logo—which, btw, they are already using anyway—is key for their successful arbitration. He intimated if I don’t give in, sign away my rights and take their money, I’d be hurting some people I really care about. He also suggested I can “up the ante” for double the amount initially offered.

JL has since amicably proposed to work out a contract that excludes me from the lawsuit. He’s been very nice and cordial to me throughout. Nevertheless... The contract will most likely retain the first sentence where I declare that I have “not previously transferred my rights to any entity or party.” What? As I understand it, logos don’t work that way.

The most important thing to me has not been addressed. As a visual thinker and logo designer, I am very particular about the nuances of what I create. Yes, I designed the original wizard-head logo back in the ’80s. That is not in dispute. However, the logo produced as “Exhibit ‘A’” in JL’s contract is not my logo. It’s a bastardization—a greyed-out, fuzzy, lesser version—of what I designed. I detest the spindly letters used for "The Game Wizards." Ugh!

Therefore, I cannot honestly take money for it because I do not and will not claim it as mine. I’m extremely picky about choosing my clients. Before I would consider designing a new logo for the new TSR, they would have to demonstrate ethical behavior as a business entity.

Ever since they appeared on the scene, the new TSR has been plucking the heartstrings of those who fondly remember the good ole days when the hobby was in its infancy. JL’s lofty words: “to honor and remember TSR, the Dragon, Gary and all the alumni of the old days of gaming” sound inspiring. But I remain unmoved. I never want to return to Lake Geneva to relive those “good old days."


If I were to endorse the new TSR, they have to correct the mistakes of the old TSR. They must be kinder and more generous to artists and authors in their employ. They would show proper respect, listen to, and honor women, both within the gaming field and as consumers. They would be more inclusive and sensitive enough to address the needs of individuals beyond the white male demographic. They would be fair to their customers and transparent in their actions.


Besides, the idea of me endorsing TSR—new or old—is laughable. Not always, but in general, I did not have a positive experience freelancing for TSR. Looking from the outside in, I witnessed how the growth spurts of TSR turned it from being an “all-for-one; one-for-all” company into an uncaring corporate entity with an “us vs them” mindset. With few exceptions, success brought out the worst in those TSR people given positions of authority. I witnessed how the creatives got the brunt of TSR’s unfair predatory policies. No, I do not yearn to return to that stressful, hostile, and toxic atmosphere.


My memories of TSR are clear because they are frozen to the time I needed to leave Lake Geneva for my own mental health and well-being. I turned my back on the growing number of small-minded TSR people who created and spread malicious rumors and hurtful lies about me, made me feel unwelcome whenever I visited the building, told me my art was not very good and caused me to doubt myself and my abilities.

I left to pursue knowledge, my MFA, and the prospect of new beginnings with no intention of returning. Gary Gygax contacted me in 2005 and coaxed me back. That’s when he and I became fast friends. In the years since, I’ve discovered—for the most part— nothing much has changed for females in the gaming world (ie: gamergate). TSR’s unfair internal practices (abusing creatives financially) seem to have followed the RPG industry. How do I know? Having worked as a professional in the “real world” since 1984, I’m aware of the many disparities.


Today, I decided to publicly share my “power of no” because I recognize this as a teachable moment for the dispossessed. Charged with 42 years of suppressed emotional pain, my “no” is big and empowered. It includes “no” to bullying and unethical business practices; “no” to the unfair treatment and compensation of artists, creatives, and women; and “no” to taking advantage of the disadvantaged to profit at their expense.


My “no” is also cathartic for me. With it, I officially reclaim those lost parts of myself I abandoned so long ago. To have the courage to take this stance, my desire for money had to be relinquished. Only then could I clearly understand the implications of what saying yes meant. As tempting as a yes would be, it is ultimately disempowering.


Compromising my integrity for money is the same as selling my soul.

Therefore, I choose to continue living like I always have, modestly. I choose not to allow temporary feelings of desperation or depression to rule me nor compromise the greater truth of who I am. Perhaps I should credit JL for catalyzing my healing process and helping me demonstrate what feminine power looks like.
 

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Jer

Legend
Supporter
Yeah, it's even entirely possible she never "owned" it to begin with. It was likely a work for hire arrangement in regard to the logo from jump street. That sort of thing is all well settled law. I don't even know if she could "sign it over" to begin with. Making the whole thing moot.

Could be wrong though, things were looser in those days. But I would be surprised if Darlene retained the rights to something TSR used as their corporate logo, even then.
Let's not discount that early TSR was a bunch of folks who didn't really know what they were doing and so mistakes could have been made.

However - while IANAL absent the artists stepping forward to claim that the art wasn't work for hire it'd be a tough case to even start to make, let alone win. Look at any of the comic book lawsuits over the years to see how tough it is to make a case - and those are cases that aren't about a design that was contracted purely as a mark for doing business under. The Gary Freidrich Ghost Rider case is especially interesting because it's one of the ones that doesn't involve a reversion of rights claim from the Sonny Bono Act - but that involved him asserting that he brought a character to Marvel as a freelancer rather than them contracting with him to make one, and he still had multiple judgments against him before he got one enough in his favor to get Marvel to settle rather than take the risk that he was right. Had there been less of a question of whether Marvel had contracted him to make a new character for them, he likely wouldn't have gotten to that point and gotten a settlement because it would have been clearly work for hire - the question of whether a company contracted an artist for a logo seems a bit more clearly decided (though again IANAL so I could be wrong and I'd defer to anyone in the legal profession with some intellectual property expertise on that one).

That's also why LaNasa is going around asking artists to "sell" him their copyrights. So he has something to claim for ownership because the idea that because he registered the name TSR as a trademark he now owns the copyrights is transparently wrong and he needs a real stake to be able to take them to court.
 



Sacrosanct

Legend
Lol, I wish I could see the face the based "NuTSR" makes when it realizes what we're really nostalgic for is Darlene and Jennell Jaquays.
Jennell is literally the parent of the adventure module concept. Her contributions shaped how the game was played just as much if not more than anyone else.

Some grognards like to act like all the great contributions were by cishet white men, but the reality is much different. We owe much of what we love to folks like Jean, Darlene, Jannell, Pauli, Elaine, Rose, et al.
 


CleverNickName

Limit Break Dancing (He/They)
Darlene said:
Therefore, I cannot honestly take money for it because I do not and will not claim it as mine. I’m extremely picky about choosing my clients. Before I would consider designing a new logo for the new TSR, they would have to demonstrate ethical behavior as a business entity.

Ever since they appeared on the scene, the new TSR has been plucking the heartstrings of those who fondly remember the good ole days when the hobby was in its infancy. JL’s lofty words: “to honor and remember TSR, the Dragon, Gary and all the alumni of the old days of gaming” sound inspiring. But I remain unmoved. I never want to return to Lake Geneva to relive those “good old days."


If I were to endorse the new TSR, they have to correct the mistakes of the old TSR. They must be kinder and more generous to artists and authors in their employ. They would show proper respect, listen to, and honor women, both within the gaming field and as consumers. They would be more inclusive and sensitive enough to address the needs of individuals beyond the white male demographic. They would be fair to their customers and transparent in their actions.

This. So much this.

I've noticed that people who pine for the "good old days" tend to have a very narrow field of vision, and very dubious opinions about people who don't look like themselves. Not always, but more often than not.
 

HammerMan

Legend
Jennell is literally the parent of the adventure module concept. Her contributions shaped how the game was played just as much if not more than anyone else.

Some grognards like to act like all the great contributions were by cishet white men, but the reality is much different. We owe much of what we love to folks like Jean, Darlene, Jannell, Pauli, Elaine, Rose, et al.
wait why is Jennell not a bigger more well known name then? this is the first time I remember her coming up and I have been in the gaming community since the early 90's
 



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