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Cartoonists at War
Danny Hellman's joke on Ted Rall turns out to be anything but a cheap laugh
By Michael Dean
Posted October 22, 1999

New York illustrator Danny Hellman is a veteran prankster, having perpetrated many jokes and having had many perpetrated at his expense, but not everyone is willing to play the game with the same enthusiasm as Hellman and his regular e-mail adversaries. Hellman was therefore delighted, he said, when he opened his mail in mid August to find a letter threatening legal action on behalf of his latest victim, cartoonist /writer Ted Rall. Hellman, who had never met Rall, had generated a series of fake e-mails and impersonations designed to fool Rall into thinking Rall's career was in tatters. Now this "lawyer's letter" had upped the ante in the game and Hellman said he was forced to admire what seemed to him an especially witty touch that showed Rall was a true prankster and a worthy opponent.

Within a few days, however, Hellman found himself in the middle of a deadly earnest $1.5 million lawsuit that was far from a game. On Aug. 19, Rall's attorney filed a suit with the New York State Supreme Court, alleging that a prank e-mail engineered by Hellman had caused serious damage to Rall's reputation and career. Hellman's attorney filed a 25-page motion to dismiss the suit as frivolous Sept. 30, and Rall's attorney filed an opposing brief Oct. 8. Hellman will have an opportunity to respond to Rall's response, and then a judge will rule on whether the suit should be dismissed.

In the meantime, little progress has been made toward an out-of-court settlement. Hellman has taken the position that he is guilty only of committing a harmless satirical prank. To make amends he has apologized to recipients of the prank e-mail and offered restitution in an amount which he described as "$1,000 more than Rall deserves." After that offer - presumably $1,000 - was turned down, Hellman said he had resolved to "make no further offers of cash to Rall."

Rall described Hellman's offer as "a fucking joke." Rall's position is that Hellman's prank was no laughing matter. The distraction of dealing with Hellman's fake e-mails caused Rall to fumble some important meetings in Los Angeles, he said.

"What makes him think he can walk away from this with just an apology?" Rall asked the Journal. "I can't believe he isn't barking like a dog and offering to come over and clean my kitty litter."

Hellman's friend Mike Speranza launched a Free Dirty Danny website as a forum for Hellman supporters, but took it down days later after receiving demands for changes from Rall's attorney. Hellman said he had urged Speranza to shut the site down, because "I have first-hand experience of Rall's capricious use of the legal system and I would hate to see Mike end up in the same expensive boat. I find this particularly ironic, because Rall had previously taken on the role of a free-speech defender, claiming that my prank had been some sort of effort to intimidate him from exercising his First Amendment rights."

"The point of the prank was to satirize Rall's attack piece on Spiegelman, and to tweak Rall's nose," Hellman told the Journal. "It was intended as the virtual equivalent of a whoopee cushion. When I received letters from Rall threatening legal action, I assumed that this was his way of returning my prank in a similar spirit of fun; never in my wildest dreams could I have imagined that Rall would initiate legal proceedings over such a trivial thing."

When the suit was filed, Rall's monetary demands had escalated to compensatory damages of $500,000 and punitive damages of $1 million, amounts which some of his critics have protested as excessive. Rall told the Journal, "I didn't set that up. My attorney did. You just have to make up a figure. People who have objected to that amount just don't understand tort law."

Between his attack on Spiegelman in the Voice and his legal action against Hellman, Rall has attracted a considerable amount of notoriety himself and has been accused on the message boards of petty vindictiveness. Some of Hellman's cartoonist friends, including Millionaire and Sam Henderson, have rallied around Hellman by running cartoons depicting Rall as hypocritical or bullying. The threats by Rall's attorneys against the Free Dirty Danny website were perceived by some as interfering with Speranza's rights of free speech.

To Rall, Hellman's prank was tantamount to a declaration of war, and he is prepared to respond with crushing force. Following a vacation overseas, which included "four days of de-tox in Istanbul - just what I needed," Rall said he has returned tanned, rested and ready to do battle. To those who say his lawsuit is an example of a big guy stepping on a little guy, Rall responds, "That's true. A few years ago, when I wasn't as successful as I am now, I couldn't have done this. I've worked hard to get where I am. Back then, I might have been more willing to let it go, but now I'm more protective of what I have."

Asked if he has any regrets, Hellman told the Journal, "Absolutely. Had I known that Rall's response to my harmless prank would be a frivolous lawsuit, I certainly wouldn't have played it. Hopefully, I've learned my lesson."

One of the few winners in the Rall-versus-Hellman dispute is Art Spiegelman, the subject of Rall's original critique. With the controversy that had divided the New York cartooning community now centered around the squabbling Rall and Hellman, the heat is largely off Spiegelman.

The big winners, of course, are the lawyers, whose coffers continue to grow every day that Rall and Hellman fail to see eye-to-eye. "This cat is running out of the bag," said Rall, "and getting more expensive by the day. I've just paid a bill of $5,200, and my attorney says there are another $3,000 of additional billings still to come."

With Hellman himself looking at a $9,000 legal tab that is still running, his "joke" may have long outlived the point where either party is likely to enjoy a very satisfying last laugh.

For the full story, including details of Hellman's e-mail prank and the legal arguments made by each side, see The Comics Journal #217.



CMAA Tries to Make Friends with the Direct Market
By Michael Dean
Posted October 22, 1999

The Comic Magazine Association of America is looking for a few good publishers. For the first time since it was formed in 1954 in panic-stricken response to a Senate subcommittee's investigation of comics and juvenile delinquency, the CMAA has decided to launch a direct-market section and has invited a number of direct-market-oriented publishers to join.

For a trade association intended as a promotional tool for the comics industry, it is ironic that the CMAA has itself long suffered from a public image only slightly more positive than that of the Atomic Energy Commission. Most comics readers who are aware of its existence associate the CMAA with censorship, because it is the originator and administrator of the Comics Code Authority, which doles out its Seal of Approval to member-published comics that meet its squeaky-clean standards.

To most comics publishers, the CMAA is the banner under which the Big Boys legally get together to hammer out programs designed to benefit the industry's top-selling publishers.

Two things one did not think of in connection with the CMAA were the direct market and small, independent publishers. Now meet the new CMAA, a trade association that has apparently opened its doors to small publishers and hopes to establish an agenda of programs for the direct market.

The Comics Journal crashed the latest meeting of the CMAA Direct Market Section, held Aug. 12 at this year's San Diego Comic-Con, in order to find out what this new CMAA was all about and what it had to offer indy publishers.

Despite all the talk about opening its doors, the CMAA proved somewhat picky about who was allowed through those doors. You won't find any mention of the CMAA meeting on the Comic-Con program. Attendance is by invitation only, and con coordinators seem to have been kept in the dark about when and where the meeting was to be held. DC Vice President of Direct Sales Bob Wayne told the Journal in no uncertain terms that it was not welcome at the meeting.

The Journal showed up anyway and, in between helping itself to complimentary meat, veggie and cheese trays, mingled with a surprisingly small number of potential direct market section members.

For the full story on the CMAA's courtship of the direct market and the reception it has encountered, see The Comics Journal #217.



Ignatz Under Fire
Cho Defends Self-Nomination
By Craig McKenney
Posted October 22, 1999

When the third annual Ignatz Awards were presented at the Small Press Expo on Sept. 18, the recipients were selected from a controversial pool of nominees including one title nominated by the creator himself and two titles as far from small press as Gen13 and the DC/ Vertigo anthology Heartthrobs. Intended to "recognize outstanding work that challenges popular notions of what comics can achieve, both as an art form and as a means of personal expression," this year's award has instead revealed some flaws of the Ignatz nomination system.

Frank Cho, one of this year's jurors, nominated his own strip collection, Liberty Meadows, for best comic book. Brubaker posted on the Journal's on-line message board that, "from talking to Chris, a lot of the initial guidelines ... were not actually recorded and passed down, because it was assumed the jury would be people of knowledge and integrity." Dylan Horrocks, creator of Hicksville, responded that "the key thing then (and even now) is who is on the jury. Shouldn't it be people ... who've already got an established, unshakable reputation and status in the field? Hopefully, that way, we wouldn't get such absolute travesties as Liberty Meadows beating Jew of New York for best comic. That's kind of like - I dunno - Terry Pratchett beating James Joyce for a Nobel Prize for Literature or something. Unbelievable."

Cho defended his decision to the Journal, citing the lack of quality books available to nominate. "It was hard to find four or five quality books to nominate in some of the categories. It seems like anyone who can do thick brush lines is a hip, alternative creator. There are a lot of artists out there who can't draw worth a damn," Cho said. He added that he was "a little bit offended by the mini-comics. All of these other publishers spend a ton of money to put out decent product. Then you have these college kids who do a poorly drawn mini, completed at Kinko's. You should weed out the crap like that. There are a lot of talented people. Having this amateur stuff out there makes it difficult to find the really, really nice quality of selection."

Having such trouble filling his nominee list, Cho looked to his own work. "I knew I'd get some flack about this," he told the Journal. "I did nominate myself in the comic-book category. Again, it's a quality issue. I asked [former Ignatz juror and friend] Mark Wheatley if I should exclude myself. He said 'Use your judgment. Do you think of it as a quality book? Do you think you would've nominated the book if it weren't your own? If you can honestly say you would, then do it.' There is a conflict of interest, but I thought the book warranted the attention. If there were a list of rules, I wouldn't have done it. Hopefully, I didn't come across as an ass."

When asked about the controversy surrounding the inclusion of mainstream titles Gen13: Magical Drama Queen Roxy and a short story from the DC-Vertigo anthology Hearthrobs, Cho said, "I liked the Gen13 book, but I can understand the complaint. Ninety percent of the people there were biased against mainstream. Those people against mainstream would not have been good judges of the quality of the material. They bitch and moan about the mainstream, but deep down inside, they want to be mainstream. I just like mainstream. I grew up reading mainstream and I got thrown into judging these smaller titles."

He added, "It was a great learning experience."

In an e-mail sent to SPX's executive director Mike Zarlenga and posted on the comix@ list, Ed Brubaker, one of the original jurors and developers of the award, took this year's jurors to task for their lack of support and acknowledgement of "INDEPENDENT vision in comics" and for allowing self-nomination. Brubaker further questioned whether the Ignatz guidelines he and Expo board member Chris Oarr had developed were provided to this year's judges.

Oarr told the Journal those guidelines had not been provided to the judges because they had never been codified. "It was not put before them in a concrete way - 'This is the kind of work we're looking at,'" he said. "We want the jurors to look at what's come out in as expanded and delimited a way as possible. What became the Ignatz is not what Ed Brubaker or I initially envisioned. It's a nice compromise between the two."

Regarding the inclusion of mainstream titles on the list, Oarr said it was decided to let the judges' decisions stand. He argued that such stringent categorization of the books is arbitrary. "Well, how do you make that distinction [between mainstream and small press]? We've made no attempt to delineate what that means [because] it's like trying to nail Jell-o to a tree. I don't think it's fair to select on genre, distribution, etc. SPX is trying to be inclusionary on all fronts. We'd never want to exclude anything."

Zarlenga added, "Small press does not specifically mean Kinko's and a stapler. We've never limited who could be at the show. The nice thing is that there aren't any politics involved [with the Ignatz awards]. We don't want to get into the slippery slope of changing the ballot. We give the discretion to the jurors to determine what is considered a mini-comic, etc. Something like Gen13 is clearly creator-owned. It doesn't have to be the artist who owns it. That's never been our rule." However, when asked about Heartthrobs, he replied, "I don't have an opinion on that."

Though not willing to restrict the jury's choices, Cho's self-nomination has been considered sufficient reason for a complete about-face on the laissez faire nominating process. "This next year," Oarr said, "you'll see a re-emphasis that jurors not nominate their own work. Work of jurors has appeared on the list in the past, but not because of that particular juror nominating himself. We want to prevent any appearance of impropriety, like preventing nomination of a juror's own work. Next year, you'll know that if an artist is on the jury and his work is on the ballot, he didn't nominate it."

Greg McElhatton, part of the SPX Steering Committee, indicated on the Journal's message board that the incident will lead to the drafting of new guidelines for future jury panels, available on the SPX website later this fall. Zarlenga denied that any discussion of juror guidelines had occurred. "As of this date, we have done nothing in terms of drafting new guidelines," he said. "Things that turn up as problems will not occur again because they reflect on the award. I see [nominating oneself] as an anomaly rather than a general occurrence. I think people out there have enough discretion not to do it. We've had 15 judges and one in 15 is a good average. If a nomination is that important to the artist, I think it illustrates the artist has more issues than the show itself does."

New guidelines would certainly reduce the latitude provided jurors, but Oarr noted that "obviously we need to make it clear that artists can't nominate their work. We need to do a better job of clarifying the guidelines. It could be clearer what we're after. Whatever we can do to fix what is perceived as broken, we'll do."

For full coverage of SPX/ICAF 1999, see The Comics Journal #217.


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