Over the past few months we have reported on this blog about Age of the Wolf after Ink Bat announced that they were bringing this project back for a GenCon release.
Here is the official response from the Arneson Estate:
For Immediate Release (07/28/2024):Is The Age of the Wolf an actual work by Dave Arneson or even a Blackmoor setting?
The Arneson Estate believes it to be a fake.
The Estate of David Arneson comprises his much-cherished family, Malia, Luke, and Dave's grandchildren. Dave's family is very perplexed regarding the publication of Studio Ink Bat's "Age Of The Wolf" book. This manuscript is purported to be Dave Arneson's last major work which Studio Ink Bat plans to distribute during events at GenCon 2024.
One would think someone wanting to publish an original work by Dave Arneson, or even a work derived from Dave's ideas, would be excited to collaborate with the family of Dave Arneson for the published work to have authenticity.
This is far from what has transpired thus far. Studio Ink Bat's attitude and actions leave the Arneson family utterly baffled. Studio Ink Bat (aka Denise Robinson & C.A. Suleiman) show no respect to the family's legal right to control intellectual properties created by Dave Arneson and properties derived from his works. Additionally, Studio Ink Bat has wholly disregarded the family's feelings in matters which are very much a family decision. This leads the Arneson family to believe that Studio Ink Bat's publication, "The Age of the Wolf," is a counterfeit — which cannot be attributed in any way to Dave Arneson. Furthermore, the Estate emphasizes this publication violates their trademark and naming rights.
I want to emphasize here that we have not received any documentation proving the work is anything but a counterfeit. We are still very open to seeing anything that could disprove our current assessment, which could be forthcoming from Studio Ink Bat.
Studio Ink Bat's behavior is puzzling to us, as it was Studio Ink Bat who initially approached the Arneson Estate asking for the Estate's blessing on the "Age of the Wolf" book. At first, they claimed David Arneson had contributed to the manuscript before his untimely death in 2009. Since email exchanges with the Arneson Estate, they are now walking that back and saying he was leading a team producing this adventure. They also said they were publishing it to honor Arneson, the co-creator of D&D, and planned on giving 100 copies away for free at GenCon 2024 (the 50th anniversary of D&D). Sounds nice enough, and it could have been simple. We exchanged pleasantries back and forth and requested they provide the Estate with three things to move the process forward:
1. We asked Studio Ink Bat multiple times to show us any documentation they have (e.g., notes, correspondence, or a contract) that shows Dave Arneson worked on this project or granted any rights to his intellectual property (his name or the Blackmoor name).
2. We asked Studio Ink Bat multiple times to send us the manuscript so the Arneson family could review it to determine if it is something the Blackmoor trademark could be attached to (e.g., would the family license the Blackmoor name to Studio Ink Bat based solely on the quality of the content). We received only a tiny sample which contained elements easily copied from previously published material.
3. We asked Studio Ink Bat to temporarily remove any public notices about the project until points 1 and 2 have been addressed. This would protect them from potential liability and was a first step for Studio Ink Bat to demonstrate an appreciation for Dave Arneson and his creations. Immediate action would also have shown respect to his family members.
These are things that any reasonable person would ask for to protect the legacy of a late and much-beloved father - none of the above requests were ever fully met. Since Studio Ink Bat told us this event was a one-time small, free distribution, we thought any license fee could be as meager as a dollar. The Arneson Estate is in the business of licensing the Blackmoor trademark, and the distribution of an actual, unseen, unpublished Dave Arneson work could only be a good thing.
Not long after, it became obvious to us they did not understand how IP law works, when Studio Ink Bat replied "Well, since we're giving the book away for free we don't need your permission" to paraphrase. However, this is wrong on two points - they do not appear to be giving the book away for free, and IP rights infringement involves publication, and not money (see below).
Despite the situation clearly being a misunderstanding we continued to reach out, while at the same time making it known we were very open to coming to an agreement with Studio Ink Bat.
Yet, they have refused to show us any proof that Dave Arneson worked on it (instead, they told us they had no documentation and we should "look it up"). They have refused to show us the entire manuscript. And let’s not forget the phone conversation where they called the Estate “stupid”. We need time to examine the manuscript to determine if it contains anything of Arneson's work or style. Time is also needed to distribute copies to numerous scholars for expert assessments of the work and its validity.
Instead, they offered to send us money, possibly give us the rights to the book after GenCon, and other things — anything but fulfilling our simple requests. The issue is that without knowing the content or seeing any evidence that Arneson worked on it, we can't simply give them a license to make claims as to the attribution and or validity of this work. Hence, their offers of money and publishing rights are not pertinent. We informed them of this, and our requests to see the manuscript continued to be ignored.
Furthermore, from the small sample Studio Ink Bat sent, from other content on their website, and their apparent limited knowledge of IP law gathered from our correspondence, we believe the book could contain violations of other publishers' and authors' IP rights, which would make the book difficult or impossible to distribute — again, unless we can review the full content we can't make any determination as to who can make claims to this content. Additionally, the family doesn't want to attach Dave Arneson's name to a product without providing proper credit to any other creators of the content, as has often been done to work Dave produced. We'd still be more than happy to examine the manuscript. We are in a quandary, as once the book is distributed, it will likely be too late to resolve this issue in a friendly way.
Studio Ink Bat's seeming desire to force our hand in this manner leads to more confusion, as we would rather offer a handshake and be friends than do otherwise.
Even as a derived work bearing a Blackmoor trademark, which the Estate is in the business of licensing, we would still need to see the manuscript they have refused to provide. How can we issue a license to use the trademark without seeing it? We need to know what kind of content this book presents. Does the content meet the Arneson family's standards for a fun adventure book meant for general distribution, or is this book aimed at an adult audience? Would you license your father's legacy to something you knew little about, or worse, something which could lead to negative public opinion? We would've liked to get the whole picture, but they have yet to provide it.
And — we discovered they are not giving the "Age of the Wolf" away for free, but instead "shadow selling" their book at GenCon 2024. The admission fee for their 14 paid events at GenCon is $48 per person and comes with a "free Age of the Wolf book." Do you think an unknown company's first publication could sell out all 14 events at GenCon for $48 a head if they weren't using Dave Arneson's name and the Blackmoor trademark to promote it? We don't believe so. They are using the Arneson and Blackmoor names to sell a publication we can only believe is a fake.
Even if they were giving the copies away at a free admission event or simply handing them out gratis to people on the street, it still infringes on the Arneson family's rights. Infringement does not have to involve money changing hands — the law is about publication and distribution. One would think that in this situation, ethics demand transparency and cooperation at the very least.
The Estate of David Arneson's goal is to promote and protect the legacy of the co-creator of the game that has changed so many lives for the better — and help that legacy continue into the future for all gamers, David's children, and his grandchildren. Studio Ink Bat claims they are honoring Dave's legacy but are instead doing the same thing to Dave Arneson in death as many did to him in life by exploiting properties that are not theirs (Blackmoor and Arneson's name).
For those going to Gencon, who have paid up front to play in an actual Dave Arneson adventure, our advice is simple: Buyer Beware! It is up to you as individuals to decide if attending a NOT BLACKMOOR event has value to you.
Again, the Estate and the Arneson family are excited to discover a new Arneson Blackmoor setting - assuming it is real. Thus, we are more than happy to review the manuscript, but Studio Ink Bat has chosen to be unethical in our estimation.
Chris Graves Authorized Representative and Bridge Troll for the Estate of David Arneson, LLC © 2024 Estate of David Arneson, LLC.
Stay tuned for future updates.
-Havard
