You should be ashamed Wizards of the Coast

You should be ashamed Wizards of the Coast.

These past six months, I have been quiet on the issue that follows – an infringement against my work by Wizards of the Coast concerning the Magic: The Gathering card ‘Trouble in Pairs’ from the Murders at Karlov Manor set released on March 2024. My lawyer and I were finally able to reach a settlement with Wizards in September which would put this infringement issue behind us, my silence in commenting on a legal issue as it was resolved showed my good faith toward my ex-client.

Apparently, Wizards of the Coast would rather continue infringing upon and damaging my reputation in the commercial illustration marketplace.

It has come to light that a painting I created (as an educational demonstration in oil painting and conceptual themes of ‘metal’) has been used by Wizards and Marvel without my permission within the style guide for Wizards’ recent Universes Beyond Marvel card set.

This is the VERY set and the very CHARACTER that I REFUSED to work on because Wizards would not negotiate in good faith and agree to modify their contract with seven simple words clarifying a legal phrase. I rejected the contract. So, instead of partnering with me to work on the set in an official capacity, I am now UNWILLINGLY FORCED to be a part of a professional commercial enterprise I PROFESSIONALLY and MORALLY object to.

I am almost beyond words. Really, Wizards of the Coast. REALLY???

It was this very contractual issue over Wizards’ Universes Beyond Marvel set, along with other ongoing issues around compensation, which finally convinced me to stop working on new projects for Wizards back in November of 2023. Their contracts, compensation, and artist relations had become far too exploitative. I have not created a single new Magic card in nearly a year, nor do I foresee doing so again in the future, as I reject the contractual and compensation structures Wizards now offers.

Marvel was already on my exploitation list dating back to 2004 when they refused to add a clause in their contract which would allow me to sell prints of Iron Man covers. I intended to create prints to recoup my labor costs from the very low fees they were offering for the commission. Marvel and Upper Deck doubled down again on financial and artistic exploitation when they approached me in 2019 for their Marvel Masterpieces set with an even more outrageous contract. Marvel’s legal team both times refused to modify the contract to an acceptable, and reasonable solution, so I refused to work for them twice – and I have not done so since.

Three strikes and you are out.

These contractual issues with Marvel has been a defining example I refer to as “corporate exploitative practices” in all the classes and lectures I have given over the past 20 years as a professional in the illustration marketplace. It seems I now need to add Wizards of the Coast and Hasbro to that infamous list.

I have used my voice for 32 years to build community with the artists and professionals within the science fiction and fantasy genre. This voice has educated, mentored, and inspired new generations of artists – in the thousands. I’ve taught classes at the School of Visual Arts for twenty-five years. I’ve taught and lectured at Syracuse University, the SmArt School, the Illustration Master Class, Laguna College of Art and Design, Pratt Institute, San Diego Comic-Con, GenCon, the World Science Fiction Convention, and even Magic: The Gathering-sponsored events and tournaments throughout these 32 years.

I refuse to be silenced.

I refuse to be quiet when critical issues for so many freelancers are at stake.

Since 1996, nearly the entire time I have been working as a freelance illustrator, I have created over 177 cards for the game Magic: The Gathering. From my very first commission, ‘Amber Prison’, to recent cards like ‘Demonic Tutor’ and Sheldon Menery’s portrait on ‘Inkshield’, I have poured my passion for craft and love of the fantasy and science fiction genre into these artworks. I’ve created some of the greatest pieces of art in my portfolio for this company, celebrating the game with players and art collectors, and building a community of support and respect with the artists of this incredibly inspirational genre.

I am stunned by what this company has become. I am disgusted.

The recent mismanagement of the Magic: The Gathering brand by Hasbro has led to stressed and overworked Wizards’ staff, freelance artists being underpaid for their highly complex, labor intensive work-for-hire illustrations, and the over saturation of the card market with product. This ongoing mismanagement has created an environment where costly, poor decisions pass through unchecked in the commissioning process, damaging the brand, diluting players engagement with the product, and exposing Wizards of the Coast to significant legal risk.

It is with these issues in mind that I place the full responsibility of this recent infringement of my work on the card ‘Trouble in Pairs’ and the style guide infringement on the shoulders of Wizards of the Coast’s corporate and legal management.

This is the fourth such infringement in as many years, reflecting what is obviously a systemic issue within both Wizards of the Coast and parent company Hasbro.

Low upfront commission fees paid to freelance illustrators deter established professional illustrators from working with Wizards of the Coast and disincentivizes commissioned artists from investing high-quality labor in their projects for Magic: The Gathering. Overall, these low fees reverse the standards Wizards expects of its commissioning artists through Wizards’ own recommended guidelines.

As Wizards grew from a small, creative-controlled company to the massive, multi-billion-dollar, critical, financial heart of Hasbro – did they ‘support’ their artist community? No. Instead, they managed to drastically lower the rates they paid their artists, damaging the artistic resources they rely upon. Although Wizards finally did raise their base rate in the middle of 2023, it is far, far short of the equivalent inflationary and labor-adjusted rate needed to compensate artists for such complex, style-guided artworks. To add insult to injury, Wizards has recently begun to deny artists access to aftermarket products and secondary sales of their artwork, further decreasing the incentives for artists to produce their best work for Wizards’ products and to leverage sales to raise their modest standards of living.

The hardworking art directorial staff of Wizards who I have engaged with and respected during the commissioning process through the years deserves better. The shareholders of Hasbro deserve better. The artist community deserves better. And, most importantly, the players – the true financial supporters of the game of Magic: The Gathering – deserve far, far better.

You should be ashamed Wizards of the Coast.

Donato Giancola

October 25, 2024