Is It Your Responsibility to Sell Comics?

This is the third month of my independent publishing round table posts, so we’re continuing a discussion started in Bleeding Cool a couple of weeks ago.

Jude Terror posted a Fanboy Rampage entitled Whose Job Is It to Sell Comics Anyway? I posed the same question to my panel. The consensus was pretty even across the board.

What do you think?

Except for emphasis in limited areas, I kept the editing to a minimum. Each expert’s opinion is their own.

Steven Colle, Founder at Editor’s Eye View

In the comic industry, there is one absolute: Comics don’t sell themselves.

To use the adage of “build it and they will come”, that is not the case in comics. Just creating a comic in and of itself will not sell it. And as a result, a second absolute comes to mind: 

Comic sales are driven by people buying them.

Now, there is a lot of blame assigned by industry professionals as to why comic sales waver and die, which can be found online:

• Brian Bendis blames lack of customer pre-orders with comic shops and incomplete data from industry analysts;

• Peter David blames trade-watchers who don’t buy the monthly titles;

• Jim Zub blames pirated digital versions of the comics prior to physical release;

• Jamal Igle blames format, with periodicals/floppies not appealing to younger readers; and

• Matt Rosenberg blames creators who aren’t dedicated to creating comics and therefore use their work in this industry as a stepping stone to film.

There are, in essence and in fact, a number of culprits who can be either presumed or found guilty of comic sales dropping and dying on specific titles or storylines. Let’s begin with those who are presumed to play a role:

Reviewers, Trade Show Organizers, Distribution Channels, and Comic Readers

To begin this section, I have heard blame placed on reviewers for a variety of reasons, ranging from bad reviews of a story to “poorly written” reviews that didn’t excite the person reading it. These are formal opinion pieces that – in reality – have the same value as any potential word of mouth critique or praise of a story. They aren’t gospel, and even if they were, they would still have different levels of acceptance or value.

Moving on to the next group, trade show organizers are likewise blamed for dry sales, whether the show is well attended or not. Speaking from experience as an attendee, vendor, and organizer myself, I can see how placement and promotion can play into a vendor being noticed. As an organizer, I have both been praised by vendors for considering their needs and condemned by those whose needs were likewise considered, but whose sales didn’t meet their expectations. To this I share the following story:

I often organize craft sales around Christmas. I promote the events on various sites, print ads, and through extensive word of mouth; offer incentives of promoting vendors if they promote their own participation at the event themselves; arrange the floor plan to strengthen traffic flow; deliberately avoid direct product-type conflicts by clearly separating vendors selling like-items; and guide consumers with interior signage and pleasant customer service interaction with our volunteers and myself.

Even with multiple vendors doing extremely well in their sales, two vendors at my last event were very disappointed – even angry – with me as the organizer. They hadn’t made a single sale by the end of the event…and I could see why. Product priced out of realistic sales reach; poor displays that had too much, too little, or poorly laid out product; items that were either too eclectic or too common; and worst of all, their lack of professional presentation and conduct in how they were dressed, how they interacted aggressively or not at all with attendees, and how facial expression and body language spoke more than their voices ever could. With this, I knew who I wanted to have back next time and who I didn’t. 

If 98% of vendors are happy and 2% aren’t, the math dictates the organizer isn’t responsible for poor sales.

Next up is distribution channels. Looking specifically at Diamond Comic Distributors, Inc., their direct customer is the comic shops, not direct-to-reader. This is accomplished through product being noticed and ordered through their PREVIEWS catalog. What this creates is a situation where it becomes the responsibility of the retailer to share all information and content for upcoming titles with their customers (more on retailers in a bit). 

There is a lot of backlash from independent publishers who feel their placement in the catalog affects their orders, where DC and Marvel have their own supplementary catalog while Image, Dark Horse, IDW, Dynamite, and Boom! receive preferential placement in the main tome. To those publishers, they believe the green-banded “Comics-Graphic Novels-Print” section to be the isle of no orders, especially if the company name doesn’t start at the beginning of the alphabet. Having spoken to many retailers on this subject, they all agree this isn’t the case, as they will often start in this section due to the unlikelihood of being able to place orders on most small press/independent product after final order cut-off (FOC) or placing reorders on sold out issues (or titles they missed the first time out), unlike the ease of doing so with larger publishing houses.

In a nutshell, distribution channels – which include third-party online sources – are not responsible for poor sales either.

And the last presumed culprit in this section, the comic readers themselves, may seem like logical scapegoats in this crime of sagging and/or dead sales – through reading comics purchased by others, reading the comic in-store, reading digital versions before print copies are available for sale, etc. – but the percentage of the market who do this is so small that all evidence would be purely circumstantial. 

If the above groups and individuals aren’t directly responsible for comic sales, then whose job is it to sell comics?

Is it the comic retailers? 

After all, isn’t ‘selling’ synonymous with retail? They order the product; stock the product; have the expectation of having the product on hand or getting it if they don’t; keeping the product in their stores until it sells; etc. They are also expected to order product from every publisher, even those least likely to have titles that could sell through their own specific businesses; have every book front and center for the best possible sale potential without playing favorites; put up whatever marketing and promotional tools are provided to them by the publishers; provide opportunities through special sales events and creator signings; hype through word of mouth every product that comes into their store (which ranges in the hundreds each and every month); and on and on. 

AND…there must be an expectation that the retailer will share every ounce of information from Diamond’s order catalog, forward any emails they have received from publishers, and just generally dedicate all of their energy to ensuring every product is in the limelight.

In truth, retailers can only sell what is sellable in their specific locations, through their variable store sizes, to their particular customer bases, and within the time, energy, and willingness they have to sell something that doesn’t keep the lights on, doesn’t support their families, and doesn’t keep their businesses from closing.

So who does that leave? The publishers and creators

Many, if not most, involved in the industry perceive the publisher (or publishing house) to be the primary seller of the books. These include the readers, the retailers, and – in all honesty – a strong percentage of the creators themselves who are published through these companies. In most cases, they are viewed as the public access point through which the comics are formatted, priced, marketed, promoted, printed, distributed, etc. As a business, they are the ones who make the decisions to accept a concept; identify an audience; decide on format, packaging, pricing, distribution, and more; and are reliant on their own name and brand value as a selling point in and of itself. Of course, there’s a lot more involved than that alone.

However, the publishers themselves are dependent upon the central figures of comic sales:

The creators 

Creators create the product. They know the comic best. They sell it to the publisher and their company’s representatives, which include the editors, the sales staff, the finance team, etc. This applies to creator-owned, company-owned, and licensed properties. The publisher’s reps make the judgments of how to proceed, which includes anywhere from limited to deep involvement in ensuring what the creator sells to them can sell to the company’s market. And then the publisher makes the final call.

Even though many creators don’t know it (or care to acknowledge it), they are the foundation of the question “Whose job is it to sell comics?” 

Here are a few points for consideration:

• With a company-owned property, it’s the creator’s name branding that helps sell the book, but if the creator’s work isn’t selling (for any number of reasons), the publisher has to make the decision to replace the creator’s brand with a different creator brand or cancel the title until that can be accomplished. In many cases, this can result from dropping sales or negative reaction to the creator’s work or story direction (again, there’s more to it than that). Rarely, if ever, is the company’s own brand name the selling point for the success of a comic. This is evidenced by the successes and failures of major, independent, and small press publishers in and outside of the comic publishing landscape.

• Publishers are dependent on the social presence and efforts of their creators - who have value to their own followers even if they don’t have a well-known (and/or well-respected) personal brand. In truth, the publisher can “big picture” market a creator’s product, but it is the focused efforts of the creators to ensure it is known that they are attached to a particular work to the community that follows them.

• Just as retailers have a large variety of publishers whose product is sold through them, the publisher likewise will have many titles that will require judgment calls in how extensive their promotional and sales efforts will be for each. It’s poor business practice to put extra efforts into a sinking ship when the others can carry the financial load and benefits. That’s why the creators – the individuals most invested in the product – are the ones who benefit the most from selling their own comics.

• Creator’s selling is not new. In prose, publishers, publicists, and agents need the presence of the author to help sell the writer’s book through book signings, media tours, and the like. In film and television, producers, directors, writers, and actors will make appearances and participate in interviews that will help sell the product to the masses. It is the strength of the individual, not the expectation of the whole, that often sees the greatest results.

I could continue as this is a topic with a lot of meat to its central and expanded discussion, but the point remains that, to a degree, everyone involved in the sale of comics has a role of variable influence, but the creators are the central seller. Without them, there would be no comics to sell.

Rich Douek Author of Gutter Magic, Road of Bones, Teenage Mutant Ninja Turtles and the Wailing Blade

For me, its pretty simple. If you have a vested interest in seeing the comic sell well, you should do everything you can to help it do so. Promotion is a huge aspect of any property, and everyone has a part to play. 

We don’t realize it, maybe because it’s entertaining, but when actors from multi-million dollar franchises like Avengers, or Star Wars, go on late night talk shows, or daytime TV, they’re doing it because they are promoting the movie - not because they really, really love talking to Jimmy Kimmel. 

So, if people at the very top of the entertainment industry aren’t exempt from promotional duties, I don’t see why we feel comic creators should be. 

There are lots of different ways to advertise and promote - some are better suited to be handled by a marketing person at a publisher - like providing preview pages to publications, while others, like store signings, can only be done by the creators themselves. 

It’s all part of a big mix that will be different for every project, with every publisher. And no publisher wants to lose money, so you can be sure they will be doing whatever their time and resources allow them to do in terms of promotion. 

Now, that’s not always going to feel like enough, but budgets and time are tight, so you can’t always get the ideal. But, at the end of the day, the publisher wouldn’t have taken the book on if they wanted to bury it, they would have just said no thanks.

At the end of the day, if you want to see the book succeed, you should do everything in your power to help that along, no matter whose “job” it is, on paper, to do promotion.

Stephen Pakula, Associate Director for Publishing Operations at Penguin Random House 

The "easy" answer is that it's everyone's job, everyone who is a part of the publishing process, from the creators to the retailers to the fans (yes, fans have some responsibility too). But obviously it's more complicated than that. Let's break it down, in no particular order: 

Publishers - obviously publishers want to sell their books (if they didn't then they're in the wrong business), so it goes without saying that they need to have a person (or team of people) solely devoted to sales. But potential book sales actually start much earlier in the process than having a final product; acquisition is the first stage of a sale. If a publisher doesn't think that a book will sell, then chances are that book won't get made. Some things that can contribute, however, to the saleability of a book are the creators. Which brings us to our next section:

Creators - as much as publishers are responsible for the business aspect of selling a title, creators (in my opinion) have even more responsibility. They need to make sure there's something worth selling! This could be the content of the book itself, or it could be the "name" that the creator brings. Either one plays an important factor in the publisher's decision to move forward with a project. Which means that it's incumbent upon the creators to make the best possible product they can. It's possible to have a hit with bad material (this is where talented sales and marketing people come in), but it's much easier if the product is actually good. 

Retailers - these are the people on the front lines, and they know how consumers really feel about a given title because consumers vote with their wallets. That being said, sometimes a book may need a little push, and retailers are able to have face to face contact with consumers, and can, in effect, sell them on certain titles. Which leads me to my next section...

Consumers - now while I wouldn't go so far as to say that consumers have some responsibility in selling books, I will say that they do have an impact, and can greatly affect ongoing or future ales of a title. It's all about word of mouth (which includes social media). The more people talk about a book (regardless of if the conversation is positive or negative), the more it becomes part of the the larger conversation. And whether we, as consumers, realize it or not, we share in the responsibility of how a book performs.

Dirk Vanover, Attorney at Comicslawyer.com

Sometimes I feel like the answer to this question, and for comics continued success, is everyone—creators, publishers, retailers, and readers. We all should be promoting our favorite books and medium. 

Ultimately, I’d have to say whoever is responsible for putting the comic book into commerce is responsible for selling it, be it self-publisher or traditional publisher. They need to get readers interested in their books. If readers aren’t interested in, or excited about, a book, they aren’t going to buy it. The burden and risk shouldn’t all be placed on the retailer. 

What Does the Lion Forge Merger and Vertigo’s End Mean for Independent Comics Publishers?

I’ve decided to celebrate Independence Day with a new source of information for independent comic book publishers. I’ve assembled a group of professionals from the creative, business, and legal sides of comics to discuss relevant issues on a monthly basis. 

Our first question involves moves on the business side of the industry. Oni and Lion Forge are in the process of merging. DC is consolidating its legendary Vertigo line. I asked nine of my friends, clients, and associates to share their thoughts on the impact of these moves. They had a lot to say, so I hope you enjoy their insight.

Except for emphasis in limited areas, I kept the editing to a minimum. 

Thanks to all the experts who participated.

Steven Colle, Founder at Editor’s Eye View

I find that the news of the Lion Forge/Oni Press merger and the recent consolidation of DC’s title direction into three distinct age markets (DC Kids, DC, and Black Label) tells a similar story, but from different ends of the publishing spectrum. 

The former, in my opinion, is a merger of like-minded, like-missioned, and like-directed companies who saw that competing against each other made less sense than working together to play off of each other’s strengths to benefit the whole. This direction makes sense to me as they are publishers who are focused on their audience and building upon their market, which includes expansion into other media. 

However, corporate-driven DC is more focused on their own interests and how to achieve them through trial and error attempts at reaching and maintaining their audience. For them, it’s about ownership over readership and sales over satisfaction. As a result, and with a constantly changing roster of executives overseeing an industry they don’t understand, they will continue to search for the right pinch of this and dash of that which they believe will ensure the perfect recipe. However, the recipe isn’t just product; it’s people and the value they bring to the mix. People, in this case, aren’t just the creators and the staff; they include the retailers and the consumers.

Are these instances and others similar to them part of a wider pattern for smaller publishers in 2019-2020? Here’s the way I see it:

If publishing was just based on passion to create, each and every company would close their doors as soon as the funds dried up. No matter how intent small press is to get their product into the hands of their prospective audience - not just once, but over and over again – they can’t do it without concerning themselves with financial stability and growth. Otherwise publishing would be for hobbyists, not entrepreneurs and business people. Though Lion Forge/Oni and DC come at their respective markets from different perspectives, both need the consistent flow of revenue to stay afloat.

In a nutshell, this pattern will continue as long as there is awareness and understanding of the comic industry and its need for adaptation. Status quo kills business. That said, it’s the decisions that are being made to survive the changing tides, the ebbs and flows, the troubled waters that will save the ship or sink it like a lead weight.

Independent comic book publishers need to always have their eye on the prize: 

Reader satisfaction. 

Satisfied readers won’t buy just once; they will purchase again and again. They will also share this satisfaction with others, creating word of mouth and building new opportunities for reader satisfaction. Satisfaction is sales. Comics aren’t like food or vehicles. The need isn’t as great as sustenance nor is it as necessary as replacing poorly manufactured parts. Comics are a choice for our consumers. Satisfy them and they will be faithful. Fool them or force them into a false sense of necessity and they will rebel.

Thomas Allen Crowell, Esq. partner at LaneCrowell, LLP, author of “The Pocket Lawyer for Comic Book Creators”, and organizer of the continuing legal education seminars on comic book law at New York Comic Con.

Is the comic book industry heading into a period of consolidation?

This year’s merger between comic book publishing companies Lion Forge and Oni Press, as well as the recent announcement that the DC Vertigo, DC Zoom, and DC Ink imprints will be shuttered in favor of all content being released under the DC comics label, may be indicators. If so, what does that mean for the small publisher and indie creator?

To begin with, I think it’s important to understand that the economic model for larger publishing companies is not always portable to the indie creator or small publisher. Larger publishing companies have higher operating costs, compete for the same premium shelf space, and, as is the case in DC, controlled by parent companies with very specific different agendas than those in the indie comic space. In other words, consolidation may not be a necessity for smaller or niche publishing companies.

However, most creators want to be able to pitch their projects to as many different publishing companies as possible. Fewer companies may mean increased competition among creators, which can, in turn, create more leverage on the side of the publishing company, potentially forcing new creators into less favorable contracts.

There is another factor at play here besides just the economics of the publishing industry: the economics of the film and television industries.

One of the key factors driving the Oni/Lion Forge merger seems to be the production of animated content based upon their comic book properties. To this end, they will be working with the new animation studio, Polarity to produce content for movies and television. And DC hopes to revitalize its Watchman property on HBO.

To me, this is one of the bigger takeaways from what’s happening: in the wrap-up of the Marvel universe movies, Hollywood — and by that, I mean movies, broadcast and cable companies, and the so-called “over-the-top” television providers like Netflix and Hulu and Amazon — is looking for the next big comic property to fill the void. We’ve already seen forays like the Umbrella Academy, which was initially published by Dark Horse.

So, from a creator perspective, producing a comic book series which has the potential to spawn an ongoing series of films or TV shows is very much on the minds of my clients. To that end, virtually every comic book publishing deal I’ve done — both when I represent creators or when I represent the publishing company — is really two contracts in one: the publishing agreement as well as an option for the movie and TV and ancillary rights. Many times, this option agreement is the most important of the two from the publisher’s perspective.

The other factor which will be affecting comic book properties in the near future is the continued emphasis on diverse narratives and unique voices, such as properties featuring and created by peoples of color as well as members of the LGBTQ + community.

Accordingly, now would be a fantastic time for such creators to pitch a comic book series which would give voice to diverse peoples while being set in a narrative universe which can serve as a foundation for ongoing television shows and movies with the potential for sequels.

Rich Douek: Author of Gutter Magic, Road of Bones, Teenage Mutant Ninja Turtles and the Wailing Blade

1) Do you see these two events as part of a wider pattern for smaller publishers in 2019-2020?

I think it's a part of an industry-wide recognition that there is a huge, huge amount of content out there now, and the traditional market hasn't grown enough to keep pace with all of it. The core customers that make up the comic-buying world has remained more or less constant over the past 2 decades, and these people are not suddenly spending 5x the amount that they used to spend 5 years ago - yet they have 5x the amount of books to choose from every time they walk into the shop. Their dollars are only going to go so far, and many of them are so deeply invested in certain characters or stories that getting them to try something new is a challenge. 

So, I think moves like these are a reaction to that - there just aren't enough dollars in the market for expansive lines of books to succeed across the board, or for books outside of mainstream tastes to consistently be profitable, or at least sustainable. Yes, you'll have books that hit big, books that come out of left field to be the next big thing, and you'll also always have duds and complete failures, but what I'm talking about is having across-the-line consistency in terms of sales and profitability - which I think is where you want to be, so you can afford to take chances on those books that might blow up and be huge. So, one strategy companies might take is to pare down the total amount of content they're putting out, to help keep their overall costs low, and, as much as they can, focus on growing the market through new readers. I think that's a big part of DC's strategy, at least. I'm not as familiar with Oni and Lion Forge's plans, but it wouldn't surprise me if that was a big factor.

2) What should independent comic book publishers take away from these larger shifts when thinking about their own titles?  

I think DC's move, especially, is geared to try and attract new readers through the YA and Kids categories, and then have those new readers "graduate" into the core DC line, and then Black Label, eventually, and, as much as I loved Vertigo, it does seem like a smart way to go if you're looking to build a loyal audience. 

If I were an independent publisher, I'd consider ways to reach out to customers not traditionally served by the mainstream comics world. It doesn't have to be kids, but I would ask if there's a group of people I think would be interested in reading comics, what's standing in the way of that, and how I can reach them. And that's not to say you should abandon the DM or traditional comics fans - but you have to be cognizant of the fact that they only have so much money they can spend on their hobby, and as a small publisher, most of it isn't going to go to you. If you're trying to get someone to put down an issue of Spider-Man, a book they've been reading for years, and spend that $4 on your book instead, well then, you sir, have a hill to climb. If you can find someone who's not necessarily a regular reader, and show them a cool thing, it's still a hill, but in my view, one that's less steep. I think that as a company, if you can find a balance between books that draw in new audiences, and ones that serve current and traditional ones, you've got a good recipe for sustainable success.

David Gallaher, Author of THE ONLY LIVING GIRL

I see the LionForge / Oni deal and the DC consolidation as a smaller snapshot of what is happening in the larger corporate media empire. Do I think it will have ripples for the larger industry as a whole? Absolutely. On one hand, you have a talented editorial workforce that was let go. This is talent that is primed to take on new projects of their own: self-published endeavors, kickstarters, freelance work-for-hire assignments... you name it. That’s pretty cool.

On the other hand, the competition for consumer dollars is very high. It takes a lot of resources to stay vibrant in this marketplace. I think smaller publishers should absolutely be mindful of that. It’s comforting to know that DC and Oni/LionForge are both adapting.

2) What should independent comic book publishers take away from these larger shifts when thinking about their own titles?

I think independent creators and publishers should align themselves with colleagues, talent, and resources that align with their values. Go to workshops, read the trades, and more importantly get involved in the comics community as a whole. No creator is an island. To survive and thrive in this business requires learning from each other and helping our industry grow.

Stephen Pakula, Associate Director for Publishing Operations at Penguin Random House

1) Do you see these two events as part of a wider pattern for smaller publishers in 2019-2020?

Let's start with publisher consolidation. Unfortunately, I do think this will become a pattern with smaller publishers, and I say "unfortunately" because  I don't necessarily know if this is a good thing. Or rather, I worry that by combining the IP, the human resources, the business models and the fanbase of two or more publishers, that the whole has a danger of being less than the sum of its parts. This is especially important when thinking about the identity that a publisher has or wants to portray. This is not to say that all consolidation is bad, especially if it truly does make a "better" product (which, admittedly, is subjective, and means different things for different groups, whether you're on the business side or the creative side of the industry). And I can certainly see very valid reasons for consolidating publishers, a notable one being that it's very difficult to get noticed in a field dominated by Marvel and DC (and the massive Hollywood machine they are tied to), so if there's a way to strengthen your brand, you almost have to go for it. All of this is a long way to say that yes, I don't think smaller publishers will have many choices if they want to compete with the big dogs of the industry. (But more on that in the answer to the 2nd questions...)

As for rebranding, or updating individual lines, I think this is a very smart thing to do. I believe that streamlining or creating new lines allows for a clear focus on the product (regardless of whether or not it will be successful). It goes back to the publisher's identity, and how they want their books in general (and their company in particular) to be seen. A clear focus allows you to say "here are the books we publish, and here are the readers we want to connect with". And if they stay true to that, the readers will come. Which leads me into the next question...

2) What should independent comic book publishers take away from these larger shifts when thinking about their own titles?  

One main takeaway is that even though the comics industry is cool and fun and awesome, it's still an industry and a business, and sometimes these kinds of big decisions are made with that in mind. It may also seem like these changes are implemented at the expense of the creators, or the actual stories themselves. That may or may not be true (I hope it isn't), so my advice is this: focus on your stories, on the books themselves. Tell the best stories you possibly can, and put out the best product you are capable of. If you're a small publisher, don't try to compete with Hollywood. Be unique, and not a watered down copy of all the other books that are out there. Find the thing that makes your books special, the thing that only you and your company can do.  If you focus on the work itself, on creativity, the readers will come. Spider-man is cool, but we've seen him webswinging for decades. Superman is awesome, but he's been flying around even longer. Be creative. Get noticed. 

Wilson Ramos Jr. Executive Editor for Section Eight Comics

The publishing landscape is so different then it was when I started working in comics, heck, it’s different then it was just 5 years ago. In the past, a small company would be able to put out a small number of titles and make a living for themselves because they had multiple ways to distribute their comics. But since then those distribution companies shut down or got bought out and only one distributor was left and even worse is the fact that there are far less Comic Shops to get one's books into, and that is IF the distributor is willing to take on those books. To survive smaller publisher have to think differently and I think this is one of those routes some publisher might have to take. “Is this a wider Pattern for smaller publishers?” Yes, I think it’s another part of publishing that is evolving with the market, similar to how customers are now consuming their comic book entertainment. Technology such as smartphones and Internet has publishers scrambling to find ways to get their books to these readers. Partnerships such as the New Oni and Lion Forges whom titles are similar in nature, tone, and genres would fit together quite nicely has perhaps found a way to use is the various strengths to keep both companies alive the upsides are many and hopefully, this will create a larger voice for them the industry.   The downside, of course, is people have lost their jobs, this always happens with mergers. 

 I would guess that many Small Publishers will take a closer look to their fellow Publishers, no longer as the competition but as a possible companion. I’ve seen independent publisher doing this as well, crossover such as Dave Ryan’s War of The independents have spawned many independent creators to work together mini collaborations are happening, I can see a larger scale coming in the form of more mergers. As a freelancer and publisher, I'm watching this closely. There is strength in numbers and I have done work for so many small press and independent publishers that I wonder if I should start to introduce them to one and another?

Tyler Chin-Tanner: Publisher of A Wave Blue World

1) Do you see these two events as part of a wider pattern for smaller publishers in 2019-2020?

The pattern here is that publishers are starting to realize there’s money to be made in the book market, a lot more than selling individual comics through the direct market.

I’ll give Oni credit for realizing this sometime ago. Their bread and butter the last few years have been library and book sales. I’m speculating here a bit, but I think Lion Forge wanted in on that market.

2) What should independent comic book publishers take away from these larger shifts when thinking about their own titles?

Anyone going into independent comic publishing should realize that selling individual issues of comics is not very profitable. There are ways to do it, mostly by making a lot of variants and getting into the collectors market. But that has its pitfalls as well.

Alternatively, I would recommend centering your publishing plan around producing a full length book fairly quickly. Either go straight to a graphic novel, or publish issues digitally before collecting them into a trade paperback.

Or you can do what we’re doing at A Wave Blue World where we’re only publishing a single Premier Edition to give people a taste, releasing the subsequent issues digitally, and then having the full tpb available within two months.

Dirk Vanover, Attorney at Comicslawyer.com

I don’t foresee the merger of Oni Press and Lion Forge as a harbinger of things to come for smaller publishers. I believe we’ll still see a lot of publishers close and others open over the years, but mergers of comic book companies are just not that common. I don’t believe most publishers have the money or motivation to acquire another publisher, especially if the publisher is struggling. I think it’s far more likely we’ll see production studios or movie/TV studios continue to invest in or buy comic book companies, at least the ones with attractive assets..

Independent publishers should evaluate their offerings and understand where they fit within the marketplace. While it’s always a great idea to keep an eye on what your competition is doing, it’s best to continue focusing on putting out the best product you are able to and grow your business. Build a solid business and the rest will come. 

Zomburai!, independent artist and writer

It’s tough to draw a trendline with just these two points of data, but my hypothesis is that they’re both ultimately related to IP: specifically, that as it gets harder and harder to make money by printing and selling comics, comics companies are moving more towards creating copyrightable IP and selling that. As this process evolves, we can expect more and more “efficiencies” (re: malicious corporate double-speak for shitcannings) in the future. 

I don’t think these events, or how they’ve been carried out, necessarily teach indie creators anything new, but they are symptomatic of things every creator should know: that the big money is not in comics but in IP, and that comics provides no job security, even if you’re on staff.

Have fun with your comic.

Gamal

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

Comic Book Attorney and Author Gamal Hennessy to Speak At Four Upcoming Industry Events

(Press Release) New York, NY July 2nd, 2019 - Creative Contract Consulting announced four upcoming comic book panels and speaking engagements for attorney and author Gamal Hennessy. The educational panels and seminars will be followed by the publication of his new book in 2020.

The first two of the panel discussions are designed to help attorneys represent comic book professionals.

●       On July 11th, he will participate in the Comic Book 101 webinar organized by the American Bar Association and Vanover Legal LLC.

●       On October 3rd, he joins Thomas Crowell at New York Comic Con for The Law and Practice of Representing Comic Book Creators.

The final two panels will focus on educating comic book creators on the business and legal aspects of their industry.

●       On October 25th, Mr. Hennessy moderates a panel on webcomics during the Diversity Comic Con at the Fashion Institute of Technology.

●       On October 30th, he will conduct a seminar on the business of the independent comics in partnership with Comic Arts Workshop.

Mr. Hennessy’s participation in these events occurred because of anticipation for his upcoming book The Business of Independent Comic Book Publishing. The book is the result of five years of research and twenty years of experience in the comic book industry, and it comes at a pivotal point for the business as a whole.

“Comic book properties are some of the most popular and profitable forms of entertainment now, so the need for artists and writers to understand the business of comics couldn’t be greater.” Mr. Hennessy said.

“Attorneys can also benefit from an understanding of the business of comic publishing, in addition to their current potential in other media. Comic book law has its foundations in entertainment, publishing, and intellectual property law, but it is a unique industry that requires a unique perspective.”

About Creative Contract Consulting

Creative Contract Consulting (C3) is a boutique law practice specializing in comic book law and entertainment licensing. Gamal Hennessy has twenty years of legal experience in the industry, working for major clients including Amazon Publishing and Marvel Comics, as well as independent publishers like AfterShock and Mad Cave Studios.

For additional information or to schedule an interview, contact Gamal Hennessy at 917-370-7514 or by email on the C3 website.

What is Comic Book Law?

     By Gamal Hennessy

Lawyers are similar to doctors in terms of specialization. While some of us have a general practice, most of us focus on a particular area. These areas of expertise allow for greater focus and better results for our clients. That’s why you wouldn’t let your podiatrist perform brain surgery on you and you wouldn’t trust your criminal case to your real estate lawyer. Unique industries require unique professionals.

            I refer myself as a comic book lawyer, but this isn’t an official area of law. Unlike corporate or constitutional law, you can’t study comic book law in any law school that I know of. It is debatable if there is such a field. This post is my explanation of what comic book law is and why it is important for both creators and the industry. I’ll also offer up the names of three other comic book attorneys who are helping to protect the business and financial elements of this art form.

A Hybrid Legal Specialty

What I refer to as comic book law is a focused form of publishing law that also deals with broader aspects of entertainment law. Comic book law shares similar issues as other types of publishing, including copyright law, contracts, and first amendment issues. Where it differs is in aspects of production before the book is made and associated products after the books are released.

A Cooperative Legal Specialty

Most novels and poems are written by a single individual. Most comics are created by a team of at least two and as many as seven people. Some independent comics are published as the joint effort of a dozen or more professionals (See You Need Two Teams to Publish a Successful Comic). The collaborative nature of comics means that like other cooperative forms of art, contractual relationships between the artists are as important as the agreements between the artists and the distributors. (See All For One: Artist Collaboration Agreements). Whether you’re talking about work for hire contracts, joint ownership agreements or something in between, the ownership of every comic requires a unique type of contract (See What Kind of Contracts Do You Need for Your Comic?). Children’s book publishing also has aspects of collaboration between the illustrator and the author, but the variation of relationships between comic book creators is more varied and complex.

A Commercial Legal Specialty

            Comics are also a unique form of publishing based on the life that the characters and stories enjoy off the page. Crossover media, merchandise and derivative products have been part of the comic book business since their infancy (See Superheroes: A Never Ending Battle). Very few novels or prose works generate substantial collectibles or merchandise, unless it’s a children’s book or the book is licensed to become a film. Comic characters generate merchandise as a natural by-product of publication (See Making Comics Isn’t Really About Making Comics Anymore).

From a business and legal standpoint, this means that comic book law needs to consider the intellectual property implications of both copyright and trademark law (See Image and Story: The Role of Copyright and Trademark in Comics), film, television, and video game licensing (See Comics are Thriving in TV and Movies) as well as business formation for new publishers in the market (See The Benefits of Forming an LLC for Your Independent Comic). In many cases, the business and financial impact of the secondary market is more complex and more lucrative than the book itself.

An Established Legal Specialty

            Comics have been a staple in international entertainment for decades (See In France, Comic Books Are Serious Business), but like comics in America, comic book law isn’t given the same deference as other areas of law.  But this viewpoint ignores the importance of comics as an industry and the ongoing work of a host of legal professionals.

In 2017, comics were a two billion dollar industry not counting movies, merchandise or related products (See Comic Book Sales by Year). There are more than three hundred active comic book publishers in America (See List of Comic Book Publishers) and many of them have comic book lawyers on staff or as outside counsel. Specifically, these three gentlemen have been practicing and/or writing about comic book law for several years.

• Thomas Crowell: is a partner in the firm of Lane Crowell LLP, who advises comic book clients as well as other entertainment professionals. He often lectures on comic book law at New York Comic Con and has written an in-depth book on the subject called The Pocket Lawyer for Comic Book Creators

• Joe Sergi: is an author and attorney who has both written comics and taught comic creators about their legal rights. While he does not represent comic publishers, he has written The Law for Comic Creators and offers legal insights to professionals at Comics Experience.

• Dirk Vanover: is an entertainment and intellectual property attorney who specializes in media, marketing and licensing. He has written extensively on entertainment issues, including Comics Startup 101: Key Business and Legal Issues

Comic book law is not as respected or well known as corporate law or criminal law. It is an adaptive and complex field that requires specific expertise and understanding about the industry. Every comic creator and publisher needs to find the right lawyer to protect the rights and revenue for their work. A unique industry requires unique professionals.

If you enjoyed this post, consider joining Comics Connection. Comics Connection gives creators a community to elevate their comic book careers. We offer access to business and creative resources you can’t find anywhere else. For a limited time, the first month of membership is free.

PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE AN ISSUE WITH YOUR COMIC PROPERTY, DISCUSS IT WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.