When I started
consulting private clients about licensing issues (See Client List),
I thought it was going to be a low impact, secondary service. I planned to
explain the finer details of contract language, so artists and writers could
make informed decisions about selling the rights to their work. Now that I've been
doing this for a few years, I can see that I was wrong. Some contracts that
I've seen are prudent actions by publishers trying to protect their
investment. But too many of these agreements are nothing more than
blatant attempt to hijack intellectual property from unsuspecting artists.
The Double Edged Sword
Signing a contract with a publisher can start an artist down the road to
professional recognition and lucrative opportunities far beyond comics. It can
also strip you of everything you have worked so hard to create. There are a lot of potential pitfalls in
creator owned contracts, but the major ones are:
Of course, not every
contract is written this way. Not every publisher is a demon attempting to
steal your life's work. Some relationships between creators and publishers are
much more balanced and fair in reality than they appear in the contract. But
the history of comics is littered with famous stories of iconic characters
being given away by their creators for little or no money. The current
litigation concerning Ghost Rider is simply the latest chapter in a long
line of cases. But the answer isn't to avoid all contracts all the time. The
key is to understand what you are signing and what you are and are not willing
to give away.
Reality Check
It is obviously self-serving
for me to make dire claims about the dangers of creator owned contracts. The
more you are concerned about this legal problem, the more likely it is you will
become my client and pay my fee. It is also clear that many creators feel
compelled to sign away their ideas to get their foot into whatever door they
have found into the ultra-competitive comic book industry (See David
and Goliath: Negotiating Comic Contracts). Both of those concepts are true.
I get it.
Here is my response to
those facts; if you don't want to use me to review your contract, I respect
that. By all means, use someone else
with a background in contracts, IP or entertainment law, just don't do it
yourself. This is not an insult to your intelligence or business savvy. It
is recognition of your specialization. You are an artist or a writer. You
probably didn't waste a lot of time in law school learning about contracts (if
you did, sorry about the loans). It is unrealistic for you to be expected to
understand the implications of contract language. Many of the most successful
businessmen have several lawyers explaining things to them when they need to
make a major decision. You should too.
And even if you do find
yourself in a position where you “have to” sign a bad deal, do it with your
eyes opened. Know what you are getting into, so you don't wake up one day
without any claim or credit for what you worked so hard to create.
Have fun.
Gamal
PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE A LICENSEING OR INTELLECTUAL PROPERTY ISSUE, DISCUSS IT WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.
