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Independent Comic Book Publishing News for July 5th, 2019

Added on by Gamal Hennessy.

This month's Independent Comic Book Publishing newsletter looks at crowdfunding, mergers, unions and other current business topics in the comic book industry.

Events: Upcoming Comic Book Law Seminars

(Creative Contract Consulting)

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

Expert Roundup: What Does the Lion Forge Merger Mean for Independent Publishers?

(Creative Contract Consulting)

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.

Small Press, Big Ideas

(Kickstarter)

Kickstarter is inviting independent and small press publishers to launch projects in September 2019 for a month-long celebration and spotlight on comics, zines, and more. This initiative only applies to publishing or comics projects to be published by a small press that a creator runs and participation does not guarantee editorial features or the project we love label. See the link for instructions and information.

Kickstarter Publishing Tools and Resources

(Kickstarter)

The Comics and Journalism Manager at Kickstarter was nice enough to share their in depth starter pack as part of the research for my new book. Because this information is too important to hold onto and some of you might not have it, I wanted to share it with the group.

Will Comics Ever Get a Union?

(Comics Beat)

"Working in comics is deeply tied to an individual’s dreams and life goals. Even if some had the opportunity to leave comics, most would not choose to do so. The result of the passion around making comics is that people are often willing to accept unfair labor practices and working conditions. It’s not a fair trade-off."

The State of the Creator Owned Comics Market

(Comicbook.com)

The direct market isn’t just dominated by superhero comics, it has a very limited audience for most new creator-owned titles. Without having a big name attached or a truly rare amount of luck, it’s almost impossible for new ideas to find more than a few thousand readers at comic book stores today.

Are Independent Comics Worth Making If Marvel Stops Publishing?

Added on by Gamal Hennessy.

by Gamal Hennessy

An aspiring creator sent me this direct message on LinkedIn in the wake of the Marvel SXSW panel:

Q: I just read that DC and Marvel might be shutting down their comic book lines and cease all publications. In your opinion, what does that mean for the indie folks? Is it worth doing comics?

The rumor wasn't surprising. Variations on the same story pop up on the internet from time to time as part of the persistent “comics are doomed” rumor.

The denial from Joe Quesada isn't surprising. Neither is the refusal of some websites to accept that denial. Websites need traffic, after all.

The creator's first question also made sense to me. When Waldenbooks disappeared, authors wonder how the book market would change. The same thing happened to people in the music industry when major record stores like Tower and Virgin shut down.

The analogy between Marvel and independent creators isn’t the same as the relationship of authors and musicians to their former distribution outlets, but the broad idea is similar. Seismic changes in any entertainment industry will have a ripple effect on everyone from the biggest players to the struggling artist.

But it was the second question that threw me off. It’s grounded in the idea that The Big Two are synonymous with the comic book industry. So if one of them (or both of them) stop publishing comics, then independent comics aren’t worth publishing. As if the creativity, inspiration and passion of thousands of creators might become irrelevant if new issues of Spider-Man and X-Men stopped coming out.

Yes, the Big Two account for the vast majority of monthly sales in America. Outside of the comic book business, their characters and stories define what a comic book is. If they stopped publishing, distributors like Diamond and retailers in the direct market would have to rapidly adjust if they were going to survive.

But that has nothing to do with independent comics as a worthwhile endeavor.

This was my response to the young man. Please let me know if you agree:

A: I highly doubt Marvel is shutting down it's publishing business, but if you want to publish your own comics, then it doesn't matter if Marvel shuts down or not.


You'll still have stories to tell. There will still be people who want to read the type of story you're telling. There will still be ways to get your story to your readers and get paid for it.

If Marvel stops publishing, the industry will go through a major change, but you should keep publishing your comics either way.

Have fun

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 YOUR ATTORNEY OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.

What is Comic Book Law?

Added on by Gamal Hennessy.

     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.

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.

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.

How Do You Register a Copyright for Your Comic?

Added on by Gamal Hennessy.

If you don’t see your comic as a viable commercial concept or if you think it is viable but for whatever reason you prefer to you are comfortable with the characters and story being used freely by anyone and everyone, then registration might not make sense for you. But if you plan to invest time, money and energy into your idea and you want a better chance to benefit from your investment, the benefits of registration will be helpful to you

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