CLENCH & CHEESE BLOG

Maelstrom

Well, what was intended to be a cautionary tale has become a "let's disparage Platinum Comics" free-for-all. While I still believe ardently in creators retaining their rights (look at Stan Lee's position versus, say, Jerry Siegel's... or Bob Kane's, for that matter) it was never my intention to trash Platinum.

D.J. Coffman, last year's winner, is pretty happy about all of this:

Most of what you've said about fears of licensing or losing creative control is a valid fear for a lot of creators, but it's not reality. As someone who's been working with Platinum closely, I gotta tell you I feel like if there was something I'd be totally unhappy with them doing with HBN, they probably wouldn't do it. But I think it's more of a trust issue. I trust that whatever moves they make behind closed doors that I don't know about, they've made informed decisions and they want the best for my project and vision, because it serves everyone involved as a whole.

I don't believe a creative person only has one idea. So use some of your ideas to have fun and make some money or kickstart a career at this if you can and that's what you want to do. One of the biggest mistakes of many creators I know who haven't accomplished much or they gave up... they weren't willing to take any chances at all.

Anyway, I'm more than happy right now. I suggest everyone of course, read the contracts when/if it comes to that time for you. There's no harm in being cautious, but there's no reason to be alarmist either. It's a solid deal, and they're good people to work with.

He writes in defense of publisher-retained rights :

I don't know exactly how it works, but I imagine this... you're a media company, you get a call from a big movie studio and they want PROJECT X as a movie or animation deal, they want to deal NOW. Some deals are made in 90 second phone conversations (so I've heard) -- but the publisher has to stop and say... "Oh well, we'll have to clear this with the creator because we don't own the rights to..." -- ERRRRNT! The deal is over before it began.

Personally, I would rather own my creations because I've seen what kinds of story ideas can come from media giants. Even though it doesn't always happen, it easily could. Oswald the Rabbit, Ren and Stimpy, Superman, The Odd Couple.... the list of famous rights-management losses goes on and on.  I would rather not put my stubborn old self through the wringer like that because I would likely act like Bill Watterson and age a few extra years. That said, you don't see much of my work in the mainstream (at least not yet). But D.J has a point, and he's concerned that this hubbub might scare away artists who could use a leg up:

Saying it's "not smart on the part of the artists" is just your opinion. I think it's one of the best deals I've made so far in my career, and I was hardly young and desperate. This was definitly a big hand up to a new playing field though. If you actually want to do this as a career or envision yourself making a living doing this when you're 80 (like i do) then this sort of contest is a great opportunity in your career. That's all I'll say about it.

So, bottom line: if you're comfortable with this plan, go for it. D.J. does excellent work and he feels that Platinum is a good, ethical publisher who are great to work with/for. He's really the person who is in the best position to comment on it, too.

Platinum Studios comics contest

Platinum Studios Contest

Please note that the Creative Materials Agreements require that you transfer all rights in the Creative Materials to Sponsor. However, the Creative Materials Agreements will only be legally binding if you are selected as the Grand Prize Winner. If you are not selected as the Grand Prize Winner, then the Creative Materials Agreements will be void and will be destroyed, and you will retain all rights that you may have to the Creative Materials.

Read this first.

I remember well the bitter battles that Bill Watterson fought to retain licensing rights for Calvin & Hobbes. He was in court with the syndicate for almost five years before he finally won. He had to hold the strip hostage to do it, too. He got away with this because the strip was extremely popular... and only he could write and draw it.

So how did C&H get to be so popular? He worked his butt off. He was a student of comic strips, read extensively, worked tirelessly to improve and ruthlessly edited himself. Did C & H start off as his best work? Was it his baby? Nope... the characters started off as sidekicks (the original strip, his baby, was about a spaceman with a German accent... Spaceman Spiff was a later incarnation of this). The editors helped him develop and prune his idea until it was good enough to sell. Watterson submitted consistently for almost five years before this happened (and then was advised to not quit his day job). The standard agreement with the big syndicates was (and largely is) that the syndicate retains the ownership of the strip and all its characters and the artist receives compensation to the tune of 50% of profits. Watterson was dead set against toys, stickers, shirts and anything else that took the strip out of context. He fought bitterly to keep it from happening and it so sucked the joy out of his work that he quit, taking with him (what I think was) the best comic strip in the past fifty years.

Comics publishers are always looking for the next Love & Rockets or Dan Clowes or Chris Ware. This idea that you send them something that you only sort of like and give them creative control because they are doing you the favor of giving you exposure seems to me to be naive. You must be working at a professional level if you expect to get paid, period. Your best work needs to be even better. Look at the past winners if you doubt this.

Print comics (like newspapers, CD stores and animation festivals) are getting hit hard by the web. Strips like Achewood and Penny Arcade are rewriting how comics are perceived and what they can accomplish (much as Crumb, Shelton, Spain and those folks did in the 60's). Sure, most web comics suck. The artists aren't pros. Many can't write coherent narrative, can't draw, aren't funny and don't have any stories to tell. Those folks won't be professionals and don't expect to be. Drawing comics is fun, and we regularly visit our favorites and rate them 5 because we like 'em (even if some folks think they suck).

But what of new pros like DJ who can write, draw, do dialog, spin plots and keep cranking out quality day in and day out? What if Hero By Night gets made into an action film starring Jake Gyllenhaal? What if professional screenwriters are brought in, change everything and the movie is a huge hit? Or worse, what if it totally sucks (like Catwoman)? Where is DJ then? You see where I'm going with this.

This may seem cynical, but I think that comics publishers (and animation producers) take advantage of the young creatives' inexperience. No other medium asks that you turn over complete rights and control in exchange for distribution. It's usually a compromise, but in the end the artist can walk if they don't like the terms. With this deal, if you walk you leave your rights (and your strip) with the publisher. How's that?

Neil Simon (to his chagrin) sold the TV rights to The Odd Couple. Even though it was called "Neil Simon's Odd Couple" and he got a creative credit, he didn't receive a dime for the series. He's not getting a dime for the DVD release. We're talking millions of dollars going to somebody else for characters he created. His characters! Did he write more? Sure. Did he do well? Yes he did. That's not the point. He turned over the rights and creative control and lost out big time.

Don't be thinking that just because you created something you'll somehow be taken care of. This contract allows Platinum to take your creation, have somebody else write and draw it ...and give you specific compensation regardless of what happens to it.

I'm sorry, but that is a crappy deal. It doesn't cost them anything to leave you the rights. If you're good, you're good. If it sells, it sells. Retaining rights keeps the marketing people out of decisions about the strip. Retaining rights insures that you will be fairly compensated.

Who among us thinks we'll ever make money on this stuff anyway?