To the best of my knowledge, Dave Chappelle doesn’t publish comics. He is one of the most celebrated comedians of his generation. He has created legendary stand-up performances, an iconic sketch comedy show, and he’s received some of the highest honors in his artform. If anyone has succeeded as a comic, it is Dave Chappelle.

But he wasn’t always at the top of his industry. At a certain point, he was a struggling comic trying to make it to the next level. Like many comic creators in the same situation, Chappelle got burned by his business partners.

This is the backdrop for the latest stand-up segment he uploaded to YouTube a few days ago. Dave Chappelle doesn’t make comics, but his experience offers four distinct lessons for anyone who wants to have a career in the comic book industry. This week, I’m going to cover those lessons, but I urge you to watch the special and share your thoughts on his experiences.

Lesson 1: Know what you are signing

When I started consulting clients about comic book contracts, 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 fifteen 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 a blatant attempt to hijack intellectual property from unsuspecting artists. This is the same issue Chappelle ran into when he signed his deal with Comedy Central.

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, including:

• Giving the publisher complete control of the property, not just the actual comics, but the underlying copyrights and trademarks.

• Giving the publisher control of the property in all media ever created, not just in digital and printed comics

• Agreeing to financial terms that are designed to keep you from ever being paid for your work

• Agreeing to give up your rights without being paid for them

• Agreeing to never get back the rights to your property

   

Of course, not every contract is written this way. Not every publisher is a demon attempting to steal your life's work. But the history of entertainment in general, and comics in particular, is littered with famous stories of iconic characters being given away by their creators for little or no money. 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. Both of those concepts are true. I get it. Chappelle is living proof of that.

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 the 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. Chappelle needed a good lawyer to steer him away from a bad contract. 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.

Tomorrow I’ll talk about the idea of leverage and how it evolved for Chappelle over time. Until then,

Have fun with your comic.

If you have questions about the business or legal aspects of your comic book publishing and you'd like a free consultation, please contact me and we can set something up that fits in with your schedule.

PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE AN ISSUE WITH YOUR COMIC PROPERTY, DISCUSS IT WITH A QUALIFIED CONTRACT ATTORNEY OR CONTACT C3 FOR A FREE CONSULTATION