The whole truth and nothing but...

Posted on August 06, 2015 by Ann Kullberg | 50 Comments

After yesterday's Facebook hurricane over Sally Ford/Robertson getting a "trademark" on the phrase colored pencil, I went to bed feeling incredibly grateful to the hundreds of supporters who leapt to my defense. But there was a little nagging unease deep inside, too…

The truth is that I am not entirely blameless. So, in pursuit of a conscience as clear as the rain we are not getting this summer - a history…

The first issue of my colored pencil magazine was published in November 1999, after Deb Mason from Fredericksburg, TX emailed me and asked if I could give her lessons online. My daughter suggested that instead I write a monthly online magazine which could then instruct many at the same time. This was right after my Colored Pencil Portraits Step by Step book was published and had created quite a stir in the then teeeensy world of colored pencil. I called the magazine From My Perspective or FMP for short. I had 200 subscribers within a couple of months and I was elated, energized and having all kinds of fun. Although I love drawing, I love teaching even more, and as an ex-English teacher, I also happen to love writing. Add the fact that I’m a people-person into the mix, and you can see that writing a magazine about a subject I’m passionate about and skilled at would be a dream come true. It was.

The magazine thrived and I kept publishing, month after month. The magazine at that time was only online and the only option was to subscribe yearly. Once I had a sizeable audience, I realized there was potential for offering other products that would benefit artists. I knew I had a gift for breaking instruction down into “do-able” bits. This may be because I have a very autistic son and had to learn how to break tasks (holding a spoon) into the tiniest possible increments in order for him to acquire any new skills.

Regardless, I created my first set of project kits around 2003; the Apple, Orange and Pear. (I guess I was on a Vitamin C kick!) Those kits flew out the door! I was amazed and having even more fun. About that time, Anne deMille Flood had her Realistic Pet Portraits in Colored Pencil book published after I recommended her as a possible author to my editor at North Light Books. I didn’t draw animals, so I asked Anne if she’d like to create a kit for us. She did and to this day, our best-selling kit is still Anne’s Cat Kit. Soon we had a whole bevy of kits from various artists skilled at particular techniques or subject matter and soon a better part of my business was through selling products other than the magazine (germane to the rest of the story…)

 

In 2010, Sally Ford (Robertson) emailed asking if I’d be interested in taking my online magazine to print. I “knew” Sally through Scribble Talk, an online forum of sorts that she used to own. I knew nothing about the history between Sally and Gemma Gylling and Arlene Steinberg. But even now, I’m happy that I didn’t know that there was some bad blood there or I wouldn’t have gone forward with Sally. And for reasons that will become clear, I do not regret my brief alliance with Sally.

When Sally approached me, I was particularly overwhelmed with work and life so I let Sally run the show far more than I should have and we went forward without a contract. It’s so easy to say, “But I’m such a trusting person and expect everyone to be as honest as I am.” Yeah. Well, I’m no spring chicken. I’ve lived in this world a long time. I now think that attitude is cowardly and lazy. It puts the onus of responsibility on the “other” and if bad things happen, you can play the victim with a lovely violin soulfully playing in the background. Yes, I’m a trusting soul, but I also have a responsibility as a grown-up to protect myself, my business and my own interests. It wasn’t up to Sally to protect me. So there was Fault #1. No contract. You could call it a mistake, but really, it was not. It was a failure on my part to take full responsibility for my life's work and I am the only one to blame.

Over the course of dozens of emails (all of which I still have) Sally and I together decided that the magazine needed a name change. I suggested “COLOR”. She liked “Colored Pencil” better. She is a graphic designer, and since she was doing all the design work, her idea won and Colored Pencil magazine was born. A flurry of activity followed, all handled by Sally, including her creation of a separate website for the magazine. In retrospect, I can clearly see that sanctioning that was my biggest mistake. More on that later…

Once she had our first issue designed and ready to go, we published it through Magcloud. Sally had done the research on printing and she did a great job with that research. Sally is a hard worker, no doubt about it. Although I personally didn’t think at that time that people would pay for a print issue since it was nearly triple the cost of the online issues (I was eleven years in significant poverty when I started trying to make a living at art and still struggle with issues of perceived “scarcity”) it turned out that Sally was right. We sent an email to the nearly 5000 people in my database, and they bought the print issue!

So all is well for a while, but then I started seeing something alarming. As people searching online for “colored pencil” were being drawn to the magazine website, they were not being drawn to my own website, annkullberg.com. My non-magazine related business was suffering. People, the truth is that there is very little profit in any printed publication. Costs are too high. No matter how many new print subscribers we acquired, it didn’t begin to make up for the loss of traffic to annkullberg.com. I mentioned to Sally that this was beginning to be a problem and we might have to merge the magazine site under the umbrella of annkullberg.com. She poo-pooed the idea from the start and I remember being a bit puzzled by that. I had assured her that she would have full control of the magazine portion of my website, and I knew it would actually bring additional subscribers which would benefit us both, so I was bewildered. Over the next month or two, we went back and forth on that idea but she just became more adamant that the websites remained separate. I can’t prove it, but now I have to admit that I wonder if she had planned to break off from the beginning?

Then I was hit with a sudden hospitalization. Self-employed, I have “junk insurance”, basically, with a $7000 deductible. Website traffic down, business down, a huge hospital bill…something had to change and change fast. I emailed Sally again, carefully outlining the circumstances. I was very clear, at that point, that the magazine simply had to come back home to annkullberg.com. She replied curtly, in effect saying it was not happening. In frustration, I responded more stridently than is generally my style saying. “Sally, it’s my magazine. It will always be my magazine. I can’t let my own magazine take my business down that I’ve worked 12 years to build.” Sally response: We’re done. This is the last issue I’ll do together with you. I’m going to continue publishing without you. And that she did.

(Those of you who've read both magazines, you now know why both magazines have the same format and sections - "You asked...___answered", the Showcase (Gallery), etc.)

I was completely, totally, incredibly stunned. It was the day after Thanksgiving. My world had just sort of fallen apart at all seams.

How could she do that? Fault #2: massive inattention. I hadn’t even noticed that she’d copyrighted every issue she designed and the copyright was hers, not mine or even ours. I couldn’t even legally sell my own past issues from that year. Print subscribers were now in her database. Print subscription fees were going to her. Copies sold individually on Magcloud went to her. A hearty percentage of my former online subscribers had switched to print. I was left with a bit over 400 online subscribers. (To be clear, Sally reimbursed me for my portion of profit for any back issues sold after the split, from that year's collaboration.)

Scrambling like a madwoman, and literally going weeks with three hours of sleep, I had to hire a designer (with little income) sort out trademark stuff, come up with a new name for the magazine and figure out how to somehow let people know what had happened without getting ugly. But it got so ugly. She had my Facebook page taken down. It’s not entirely true that I’m not a fighter because I retaliated and had hers taken down. It went on like that, but I really had no stomach for it. I’m non-confrontational and really just wanted to just move on. I couldn’t even justify to myself telling the whole story to the world as I knew it, because I knew my part in the mess was substantial – I hadn’t protected myself.

But I honestly, to my core, have no regrets. About any of it.

For one thing, I’d renamed my magazine “CP Magazine” and in an effort to strengthen the “CP” brand, the idea of the first CP Treasures book was born. I would never have even thought about publishing a printed book had it not been for Sally showing me that colored pencil artists will pay for print. That book was an amazing success and since then I’ve published two more. Besides being profitable, those books have been good for my whole being. When I started using colored pencils, I felt like I was one of maybe a dozen people creating art with them; I truly felt isolated. To now publish books with colored pencil artists from 16 different countries is like having Mom’s amazing lemon cake with extra whipped cream for my soul. So, thank you Sally. CP Cats by Gemma Gylling and Cynthia Knox’s CP Horses books came next. They are selling well. Again, thank you Sally.

I admired Sally’s sense of graphic design, so bought a few books on design and they’ve helped me so much. Thank you, Sally.

Sally has a tendency for typos, and I’d heard that complaint a few times so I hired a copy editor, colored pencil artist Susan Cottman, who is a gem, and you won’t find typos in my magazine. Thank you, Sally.

And last, the magazine did need a new, contemporary name, and this latest trademark issue has spurred me to go back to the name I always loved, COLOR. Both a verb and noun, I think it’s descriptive and perfect. Thank you, Sally.

You probably think I am being ironic or sarcastic with all these thank you’s. I am not. I made gigantic mistakes. Lots of them. I will choose to call them lessons, though. It’s so much more forward looking, and I am all about forward. Readership to my magazine has increased nearly 5-fold since our meltdown. I now employ seven different free-lancers. I have more ideas for cool new colored pencil stuff than my garage has cobwebs (and that’s a lot!) I have countless dear, dear friends and supporters who are as passionate about what I try to do as I am. I have my health, my parents, my children, my granddaughter and a thriving business I truly love.

So…I carry on.

Happy Coloring, everyone!

"In the middle of difficulty lies opportunity."  - Albert Einstein


25 Responses

Ana Tirolese
Ana Tirolese

September 02, 2015

Ann, you are my inspiration. Because of you and your wonderful books, magazines, and other CP related items I have grown as an artist. I was wondering what had happened and was as confused as most of your followers. I will always support you, your publications, and your work for as long as I am breathing.

Miguel Carvajal
Miguel Carvajal

September 01, 2015

Wow! I knew there was something fishy between your wonderful magazine Ann, and the “other” magazine when I purchased some back issues through MagCloud and some of them were sold incomplete. Having no Facebook account, I had no idea what was really happening until I finished reading this blog post. You are truly a remarkable person Ann, and it is unfortunate that those who take advantage of the kindness of others are able to get away with it. You have my full support and will continue to go with what you offer on your website to improve my colored pencil painting skills.

Tess Lee miller
Tess Lee miller

September 01, 2015

Dearest Ann….I’ve been mostly unaware of all you’ve been dealing with in your recent “lessons” seeing bits and pieces here on the fringes, but after reading this blog, the word that comes to mind uppermost is “gracious”. What an amazingly gracious telling of what could so easily have been a nasty, back-biting commentary. I applaud you for that and have an added respect of you for how you handled so great a “lesson”. Life is full of choices as you well know…and you continue to make the right ones….would that more people would learn from your example. Add to all that your amazing abilities in colored pencil, you are one amazing lady who has my undying respect. I will always credit you for my achievement in learning to use colored pencil. Thank you for all you do….and for being the gracious (are you sure you’re not Southern?), kind lady that continues to shine above the rest. With great affection….Tess

Lisa Ann Watkins
Lisa Ann Watkins

August 14, 2015

Thank you Ann for standing up & telling us your story. It is definitely a lesson in life for us all & despite those very tough battles it is evident that not only have you come out of this stronger & with your head held high but you have still held onto the person that you always were. You have my utmost respect & often make me pause in my own life to listen to your valuable experience. Onwards & upwards lovely lady.

Vickie Lawrence
Vickie Lawrence

August 14, 2015

Thanks so much for telling your story… I had heard various versions from different people and knowing what actually happened, clears up any misunderstandings and dispels speculation. I’m with you… life is all about lessons learned. Fool me once, shame on you! Fool me twice, shame on me! lol! Thanks again…

Bob Ebdon
Bob Ebdon

August 14, 2015

Ann, very mixed emotions reading this. Quite a lot of anger at how you have been treated, and some regret that I have not been aware of any of this – though only a little! I do not handle conflict well – but mainly very sincere admiration for how you have moved on and come through stronger, with a better product, and your enthusiasm and love for your work still intact. You are a wonderful person.

Lynda Sprague
Lynda Sprague

August 09, 2015

Ann, I have been a long-time subscriber of your online magazine and absolutely love it! I was shocked to read the whole story about how a trusted “friend” has tried to take it away from you. I got to know you a bit after taking one of your classes in Oregon and know how hard you have worked to make your business a success. I am so sorry that Sally thought she had the right to take over something that was not hers!

I am looking forward to seeing you on your November 2015 CP Cruise!

Paulette
Paulette

August 08, 2015

It is nice to hear all the details of your split. I knew a lot of the story, and was so shocked when she took your magazine away from you! I remember that well, and made it a point to always buy your CP magazines. I wondered what you were going to do about this new obstacle – them getting a patent on the name. But once again, you take the high road and come out smelling like a rose. Kudos to you Ann, I wish you all the success in the world!

Clydeine
Clydeine

August 07, 2015

Always take the high road, then you have few regrets and it makes you stronger. It’s sad that you have had to experience this, but I admire the manner in which you have handled it including accepting responsibility for your part. I think that speaks very highly of who you are and what your stand.

Markus Klein
Markus Klein

August 07, 2015

Very enlightening, Ann. I wish you huge success with your new magazine, it looks awesome, and you deserve it.

Bob & Barbara LaBelle
Bob & Barbara LaBelle

August 07, 2015

You are a wonderful person. Beautiful on the inside—Beautiful on the outside!
We stand behind you all the way. “You Inspire”!

Celeste
Celeste

August 07, 2015

Ah, my sweet friend, blessings for you. Your brilliance and confidence are evident in this experience. I too went into business with a friend once upon a time. Thank you for sharing.

diane siracusa
diane siracusa

August 07, 2015

I, too, have been away from FB for some weeks – only checking a few posts via my phone when possible. Never knew of your business struggles or some of your personal ones. What lessons you learned, Ann. Fortunately, those hard ones are often the best learned. You survived shingles and a very unscrupulous business associate – you can survive anything!

Donna Rynne
Donna Rynne

August 06, 2015

You could always use the English/Australian spelling and say “Coloured Pencil” or has that been copyrighted as well?

Victoria Pickerill
Victoria Pickerill

August 06, 2015

Ann~ Wow. What a story! I admire you for sharing this and I just have to agree with my Mom’s age old advice… “what comes around goes around”. I agree with you in that I also believe that breaking off and taking over the magazine (which had obviously proved successful at that point) was probably in the back of Sally’s mind for quite a while. It is a shame that there will always be that bad apple that will look to take advantage of someone that places their trust in the wrong person. I am so glad that you picked yourself up, dusted yourself off, took stock of lessons learned and forged a new path FORWARD ~ and especially glad that it has brought you even more satisfaction and success! You have always been a wonderful inspiration to me & I wish you continued success and happiness! :D

Gina Rugito-Anderson
Gina Rugito-Anderson

August 06, 2015

You are a woman of ethics and class. You think nothing of helping to spread your knowledge and assistance to others. It’s because of who you are that so many stand behind you through this.

Barbara Lewis
Barbara Lewis

August 06, 2015

Thank you so much for explaining the history and lessons learned, and sharing your experiences. As a fairly new print subscriber to your magazine, I was totally unaware that there was a different one out there, so I was not aware of the entire Facebook issue. I have been working late in my studio and not been on Facebook much lately. Let me say however, that I have been so excited with each issue of your magazine – colored pencil is one of my favorites to work in, but there is so much I have to learn. Very different from the scratchboards and pastels that I am used to creating my art with. I admire your courage and look forward to the new issues – I think the title Color is just perfect!

Joanne Hayman
Joanne Hayman

August 06, 2015

Ann, I love the magazine, the new name COLOR, is fantastic. I love the Treasures issues, and have several of the books you have published, with the work of other talented artists. You are a very special LADY!!! The Lord has you in His hands. The way you have handled this mess shows the Love and Character, and moral, ethical person you are in your heart! You are someone I really admire, the way you live your life, and your beautiful Color Pencil skills. ‘Share the Joy,’ Joanne

Jane
Jane

August 06, 2015

well said, well written! Thanks for giving us the whole lowdown. You are truly an exceptional person with both your artistic talent and your moral character.

Julie Podstolski
Julie Podstolski

August 06, 2015

I have just gotten up (morning here in Australia) and the first thing I did was read your story. Fantastic way to start the day. I have a drive ahead of me this morning – I know what I’ll be thinking about in the car. So many silver linings to this cloud, Ann. Thank you for pointing them out.

Jan Shaw
Jan Shaw

August 06, 2015

I applaud your strength Ann we all learn from lessons in life and it is how we learn and recover from these lessons that is the most important thing. You are such a very talented, kind lady an inspiration to many including me. It was because of you I ventured into colour pencils I love your magazines. Taking control of your original thoughts of a name for your magazine “Color” is a great step forward I wish you every success in the future.

Kathy Clericuzio
Kathy Clericuzio

August 06, 2015

Ann, You rose to the occasion and are such a classy lady in how you have handled this situation. I am a believer in the idea that you are exactly where you are supposed to be at any given moment. All of your “Thank yous” to Sally only make you a better person. Onward and upward with “Color”! Can’t wait to see it!

Diane Plum
Diane Plum

August 06, 2015

I wish to add my accolades to all the above. I think you express yourself so wonderfully with humor and humility. Maybe, I should take writing lessons as well as the art lessons.
Loving the Apple Blossoms & Blue!

Elizabeth Franchetto
Elizabeth Franchetto

August 06, 2015

I THRIVE on sarcasm!!! Bazinga! Good for you and good luck!!! they say when a door closes a window opens…but just think…when a door closes, you open the door and go right through it!!

Lisa Gibson
Lisa Gibson

August 06, 2015

WOW. You have handled this so well and in the best way possible – good for you! And I LOVE the new name of your magazine!

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