THE BATTLE FOR ABADAZAD: DEMATTEIS & PLOOG TRY TO GET RIGHTS BACK

**MattBrady** · 09-08-2004, 03:46 PM

In papers filed with the US Bankruptcy Court Middle District of Florida, creators J.M. DeMatteis and Mike Ploog are requesting the Court release them from the automatic stay, or compel immediate rejection of the contracts the two signed in regards to their Code 6 fantasy series, Abadazad.

Launched in late 2004, Abadazad was one of CrossGen’s late-game success stories: a critically acclaimed, all-ages fantasy story that also served as the welcome return of Mike Ploog to monthly comics.

“It’s partly a way to pay tribute to the great children's literature that I so love...and to push off into some new creative waters. The story's been growing inside my head for a long time and I'm extremely excited - and that's an understatement - to finally see it manifest at CrossGen,” DeMatteis told Newsarama in a September, 2003 interview. “They're a company that very much wants to reach out to a broader audience…and they're full of enthusiasm and fresh ideas. I'm delighted to be working with them.”

The story of Abadazad has a couple of familiar threads in its weave – a hidden kingdom, a missing loved one, and of course, a plan of action that involves a rescue. It all revolves around Kate and her brother, Matt. “Kate's brother simply vanished one day at a street fair-but she believes that Matt is dead,” DeMatteis said in 2003. “When she finally discovers that he's alive, that he is, in actuality, a prisoner in Abadazad, a place she's always assumed was purely fictional, it's a complete shock to her. It would be like finding out that someone you love and thought was dead is in Oz, a prisoner of the Wicked Witch of the West.”

Three issues of the series were published before CrossGen’s financial difficulties forced the company to cease publishing comics. Since its last issue was released, the property is one most mentioned by readers in the hopes that it would be able to find a new home and the story continue. Apparently, DeMatteis and Ploog were among those hoping to see it pulled from CrossGen’s financial problems and taken somewhere else.

The claim by the two creators states that given that CrossGen filed for bankruptcy, it still retains the assets it held while doing business, including their portion of Abadazad. According to the original Publishing Agreement signed by DeMatteis prior to the publication of the series, Abadazad would enjoy a normal “Code 6” relationship with CrossGen, that is, Code 6 would own 75% of the property, while DeMatteis, as the property’s creator, would own 25%. Originally, thirteen issues and two trades were to be published, with Code 6 allowed to make the decision after that to continue publishing.

According to the claim, CrossGen and its affiliates “have materially defaulted under the Independent Contractor Agreement and the Publishing Agreement by, among other defaults:

(i) failing to pay monies due to the Movants [DeMatteis and Ploog]; (ii) failing to timely publish Abadazad; (iii) anticipatorily repudiating both agreements by stating that it had no intention of performing under the Contracts. Mr. Alessi also testified at the initial creditors meeting in this case that CrossGen had no intention of publishing volume 4 of Abadazad. Furthermore, CrossGen has no ability to perform under the Contracts as it no longer has any active operations with which to perform its duties, and does not have a printer to publish Abadazad.”

DeMatties and Ploog claim that according to the terms of the contracts and applicable law, CrossGen’s defaults give rise to various rights in favor of the creators, including the reversion to DeMatteis and Ploog of any intellectual property transferred under the contracts.

Or, in other words, since CrossGen can no longer perform their portion of the contract, it is the creators wishes that the Court immediately reject the contract, which would allow, with a few more legal steps, DeMatteis to regain ownership of the property.

As with other contracts and business relationships between CrossGen and others, a set stay was enacted with the filing of Chapter 11, which allows the debtor a certain amount of time to assume or reject the contract. DeMatteis and Ploog are asking that their contract be released from the stay so they can pursue the property as quickly as possible.

As the complaint states: “cause exists to require the Debtor, CrossGen, immediately reject the Contracts because CrossGen has materially defaulted under the Contracts and cannot promptly cure such defaults, the value of Abadazad rapidly depreciating because the book has not been timely published, the Debtor indicated that it no longer intends to publish the book, and the marketplace is aware of these events. Indeed, not only is CrossGen not capable of curing its defaults under the Contracts, but it has expressed plainly its intention to not perform to ignore its responsibilities under the Contracts.”

The complaint concludes with DeMatteis and Ploog requesting the Court enter an order directing CrossGen to immediately assume of reject the contracts.

In response, the Court has scheduled a preliminary hearing for September 28th.

When asked about the proceedings by Newsarama, DeMatteis declined to comment.

According to current filings, DeMatteis and Ploog are the only Code 6 creators currently trying to reclaim the rights to the properties they brought to the CrossGen imprint. The other Code 6 character to leave the company, Lady Death, was sold to Brian Pulido’s Mischief Maker Media for $9,500 on July 1st, 2004, according to an acocuonting of CrossGen's July business activities filed with the Court.

tralfaz · 09-08-2004, 03:52 PM

FIGHT!!!!

GET IT BACK!!!!

TAKE BACK WHAT'S YOURS!!!

wishlish · 09-08-2004, 03:57 PM

Go, JM & Mike!

Wasn't the Crossovers a Code 6 title?

Strike · 09-08-2004, 04:01 PM

Strange.

I'd have though CG would have been quite willing to sell Abadazad.

LD was sold. Why not this one?

Aaron · 09-08-2004, 04:08 PM

Quote:

Originally posted by Strike
Strange.

I'd have though CG would have been quite willing to sell Abadazad.

LD was sold. Why not this one?

My guess is that it's potentially the only product that could make them money when/if they come back.

That being said, I LOVED this book and hope DeMatteis and Ploog win this battle. As much as I miss Crossgen, I'd rather the good titles like Sojourn, Lady Death, Abadazad, Negation and Meridian continue under new companies than just fade away forever.

Aaron

Kamandi2 · 09-08-2004, 04:17 PM

From reading this, it sounds like Mark Alessi wants to give the rights back to the creators but is not legally allowed to do so because of the bankruptcy and the assets (of which this title is one) being locked up.

By stating that CrossGen has no plans to live up to their end of the contract, it allows the creators to get the court to remove the property from the bankruptcy by reverting ownership to the creators.

It sounds like this is the first really nice and good thing Alessi has done in a while. This isn't a negative thing. This is quite positive. If the property remains with CrossGen the bankruptcy court could liquidate the property (to pay debt) by selling it to a 3rd party making it even more difficult for the creators to ever get their property published since a 3rd party would be under no obligation to fulfill a contract CrossGen initiated. They would just own 75% of the property.

KyleV · 09-08-2004, 04:26 PM

What they're saying is that they shouldn't HAVE to buy the rights back, as CrossGen defaulted on the terms of their agreement.

It'd be interesting to read the agreement to see if Code 6's ownership is tied into making good on its promises aka if any party defaults than full ownership reverts to the other party.

I doubt it says that, but it'd be interesting to see.

marioboon · 09-08-2004, 04:28 PM

I wish El Cazador would be bought by Marvel to be published by Icon

Kevenn · 09-08-2004, 04:33 PM

I wish them luck. This comic was the BEST, and I hope we'll get to have more Abadazad published in the near future!

Aaron Calimeri · 09-08-2004, 04:36 PM

Quote:

Originally posted by Strike
Strange.

I'd have though CG would have been quite willing to sell Abadazad.

LD was sold. Why not this one?

Mark Alessi and Brian Pulido are good friends.

Aaron Calimeri · 09-08-2004, 04:38 PM

Quote:

Originally posted by marioboon
I wish El Cazador would be bought by Marvel to be published by Icon

I remember reading something last year suggesting that Chuck Dixon may actually own the rights to both El Cazador and Brath. I'm not aware of any facts, though.

JK Parkin · 09-08-2004, 04:55 PM

Quote:

Originally posted by wishlish
Go, JM & Mike!

Wasn't the Crossovers a Code 6 title?

Yeah ... I'd love to see it and Abadazad find a home somewhere else. Go JM and Mike, indeed!

FIG · 09-08-2004, 05:06 PM

I thought it was a cool series and was sad to see it go. Its amazing how fast CrossGen went down. I wonder what Karl Moline (Route 666) is drawing now?

hoarseandbuggy · 09-08-2004, 05:09 PM

Good Luck, guys. Easily one the best new books of the year, and it's a travesty for it not to live on.

GuitarSmashley · 09-08-2004, 05:15 PM

its about time one of the creators did this. All of them should abandon ship right now. and please bedard do it to KKBB I need the 6th issue at least finish the arc

camax · 09-08-2004, 05:16 PM

I hope they can buy back or gain by default Abazadad. We need more great and diverse high profile projects like this out there.

Even one dream step further, it'd be wonderful if former creators were allowed to by other properties from CrossGen as well. Tony Bedard, Paul Pelletier and Dave Meikis buy Negation to continue the best sci-fi comic story ever elsewhere! Barbara Kessel buys Meridian to continue Sephie's wonderful story. And so forth!

~Cam

SpyGuy · 09-08-2004, 05:27 PM

Quote:

Originally posted by guitaryoni
its about time one of the creators did this. All of them should abandon ship right now. and please bedard do it to KKBB I need the 6th issue at least finish the arc

Yeah, I would love it if Tony Bedard and Mike Perkins rescued KISS KISS BANG BANG. Hmmmm...I wonder if Mark Waid has an interest in salvaging RUSE...

Vyper · 09-08-2004, 05:34 PM

Quote:

Originally posted by camax
I hope they can buy back or gain by default Abazadad. We need more great and diverse high profile projects like this out there.

Even one dream step further, it'd be wonderful if former creators were allowed to by other properties from CrossGen as well. Tony Bedard, Paul Pelletier and Dave Meikis buy Negation to continue the best sci-fi comic story ever elsewhere! Barbara Kessel buys Meridian to continue Sephie's wonderful story. And so forth!

~Cam

Amen.

Abadazad was a book that made me go WOW the first time I picked it up... and the second... and third. I showed it to friends (my girlfriend is now an avid fan), family and co-workers. I would love to see Dematteis and Ploog get it back and take it to Image, or, better yet, ICON (wider exposure). They just need to make sure Nick Bell comes with them

Leviathan · 09-08-2004, 05:51 PM

Quote:

Originally posted by Aaron
My guess is that it's potentially the only product that could make them money when/if they come back.

That being said, I LOVED this book and hope DeMatteis and Ploog win this battle. As much as I miss Crossgen, I'd rather the good titles like Sojourn, Lady Death, Abadazad, Negation and Meridian continue under new companies than just fade away forever.

Aaron

Hey, is there any news on what happened to Chimera? The first mini-series seemed like an introduction. I really hope Brandon Peterson fights for those rights because Chimera was the only thing I really liked at Crossgen.

And as you said, everyone knows that Crossgen isn't coming back for a loooooong time. If ever.

JLAJRC · 09-08-2004, 05:56 PM

I loved this series. PLEASE win and bring it back (Marvel ICON, anyone?)

Solamon · 09-08-2004, 05:58 PM

DAMN YOU CROSSGEN!!!! Too many good comics went down because of their mismanagement! Abadazad, Route 666, Way of the Rat, Meridian, Negation, El Cazador....

Abadazad resuming publication would be the best news all year. This comic was definitely one of the best and freshest comics on the market durring it's short 3 issue run. I'll bet if DeMat and Ploog got the rights back they could find a home for this comic at Icon or Image.

FIG · 09-08-2004, 06:03 PM

Quote:

Originally posted by Leviathan
Hey, is there any news on what happened to Chimera? The first mini-series seemed like an introduction. I really hope Brandon Peterson fights for those rights because Chimera was the only thing I really liked at Crossgen.

And as you said, everyone knows that Crossgen isn't coming back for a loooooong time. If ever.

I think Chimera was only supposed to be a limited series nut I think it was awesome. It was awesome because we saw Brando Peterson grow artistically within that series. I would pay so much money to see a series of that artistic quality again.

KingStalin · 09-08-2004, 06:51 PM

Seeing on how most Crossgen Employees have gone to marvel and signed exclusive contracts it would be a perfect home for these titles. Icon could gian a lot of credentials with these books. I just hope someone does something.

David H. · 09-08-2004, 07:06 PM

Let me join the many people wishing the creators luck in this endeavor. Abadazad was the first and only book I bought and read from Crossgen. I liked several of the Crossgen creators, but didn't really want to get into a new universe and all the Sigil stuff.

But Abadazad seemed like something I wanted to take a chance on, even though I knew that it was likely that Crossgen would be out of business before many issues were published. I liked both creators, and loved the concept. It's so wonderfully reminiscent of some of the best fantasy stories out there, like the Oz series, the Chronicles of Narnia, Alice in Wonderland, etc. They perfectly captured the tone of these series with Abadazad, while still keeping it fresh and interesting.

It was easily one of the best books on the marketplace.

I hope that they will be able to continue it. I will definitely buy it from any publisher.

pez dispenser · 09-08-2004, 07:47 PM

I agree with most of you on this one. Abadazad was a fresh concept, well written, and beautifully illustrated. There are far too few books out there that can boast that. I think ICON would be a perfect fit as well.
I have a bad feeling, though. I somehow don't think we'll see any more issues see print.
I hope I'm proven wrong.