Your Contract Attorney

Filtering by Tag: comic book publishing

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

Read More

What is the Structure of Independent Comic Book Publishing?

Added on by Gamal Hennessy.

The structure I came up with is largely borrowed from the production and distribution of the most complex and expensive narrative art forms, namely film, television and video games. The overall structure has three stages, each stage has several elements within it, and several of the elements can happen at the same time. The structure has several moving parts, but each one is set up to maximize the commercial potential of your comic.

Read More

Why Are Comics Better Than Movies (and books, and plays, and video games) for Telling Stories?

Added on by Gamal Hennessy.

In spite of the newfound popular acceptance, the masses still fail to see comics as a superior storytelling method, with both an artistic and popular appeal that elevates it above all other narrative art.

Read More

Why am I Qualified to Write a Book about Independent Comics Publishing?

Added on by Gamal Hennessy.

The Independent Comic Book Publishing book is being built on a foundation that includes 40 years of experience in the industry, extensive research, and a wide range of interviews.

Read More

Can Freelance Comic Creators Form a Union?

Added on by Gamal Hennessy.

Unionization among comic creators isn’t impossible or is ultimately bad for the industry. But until the obstacles are overcome, freelance creators need to negotiate the best contracts they can and be flexible enough to withstand the rapid changes inherent to the industry. 

Read More

You Need Two Teams to Publish a Successful Comic

Added on by Gamal Hennessy.

By Gamal Hennessy

I’m in the process of writing a book about the business and legal aspects of making independent comics (See Your Career in Comics). As the book develops, I plan to share parts of it here for your reaction and feedback.

About a month ago, I began the process by asking why you want to make comics in the first place (See What Are You Trying to Do?). Now I’d like to look at who you need to have on your team to have a successful publishing program.

One Book, Two Teams

Independent comic creators often put a lot of time and effort into building the team for their books. They reach out to friends in their circles who make comics. They visit artist’s alley in conventions, pour over Deviant Art pages, explore the overseas options, and ask for referrals on social media. Sometimes, it takes years for them to find the right artists for their project.

But too many creators start their book with only half a team.

If comics are a form of commercial art, then the development of the art requires both business and creative support. Focusing on only one side limits the potential of the project.

The Creative Team

            This side of the equation is basic to the creation of any comic. As with plays, films, and television shows, one or more individuals come together to turn a vision into a reality. Some roles overlap, but the common structure of a comic book creative team includes:

  1. The writer who creates the overall plot of the book and the script in both the caption boxes and the character dialogue.

  2. The artist creates the fundamental images on each page. They may also create the basic character designs, settings, logos and the cover for the overall book

  3. The inker enhances the images created by the artist, altering the tone and weight of the story by emphasizing some visual aspects over others.

  4. The letterer inserts all the words in the book including dialogue, captions and “sound effects” in a way that guides the reader’s eye in a natural progression from one image to another.

  5. The flatter prepares the inked images for the colorist to enhance the color rendering process.

  6. The colorist adds moods, energy, and texture to the images to give them more impact to the eye

  7. The editor oversees the entire process to ensure that the best possible finished product is created on time and under budget.

The Business Team

The creative side of comics is intense and time-consuming, but it is only part of the process. Professional comic creators publish books with one of the goals being the creation of profit. Without someone (and more often several people) running the business side of things, even the best comics will not sell. The elements of the business team vary from book to book, but every book needs to answer these questions as part of the process:

  1. Accounting: Who is collecting the money? Who is paying the bills?

  2. Advertising: Who is in charge of informing the public about the book?

  3. Distribution: Who is handling the relationships with Diamond and the direct market shops for the print book? Who is in charge of managing the online distribution on the website, Comixology, and the emerging distribution channels?

  4. Legal: Who is protecting the intellectual property of the book? Who is handling the internal and external contract negotiations?

  5. Management: Who is in charge of the overall creative and financial success of the book?

  6. Marketing: Who is in charge of creating the website, maintaining the social media presence, running the crowdfunding campaign, and handling the interactions with the comic book press,

  7. Printing: Who is in charge of managing the printing process? (If the book is being printed)

  8. Sales: Who is in charge of using the book to generate money?

Juggling Jobs

Every independent comic does not have fifteen people working on it. Some established publishing companies don’t have fifteen people working on the books. Creating independent comics is a startup experience. It means members of the creative team often take roles in the business team. It can mean members of the business team can fulfill multiple roles within that team. It also means that some jobs will not be done, or they won’t be done with the same time and attention as if someone only worked on that piece of the project. Some creators decide to give up some of their rights and sign up with creator-driven publishers like Image or AfterShock to take advantage of their pre-existing business teams.

As a comic creator, you have the power to decide which aspects of the process will and won’t get done. This power works better when you make conscious decisions at the outset of the project. It does you no good to spend two years making a book to sell and then realizing no one is prepared to sell it or collect the money.

The Cost of Teamwork

No matter how you decide to divide the tasks of publishing your comic, everyone who works on the book is going to have to be compensated at some point. Very few people are willing to work for free, even on something they love, so part of independent publishing is finding a way to pay everyone involved.

There are several different compensation methods available depending on the level of participation of each person, your resources, and the short and long-term interests of everyone involved. Increased involvement often includes increased compensation. Different compensation can be mixed and matched to give each person both a short and long-term stake in the project. Just don’t give away more than you have.

Compensation methods include:

  1. Upfront payment

  2. Revenue sharing based on units sold, ad revenue generated, sponsorships, etc.

  3. Ownership interests in the underlying property

  4. Credit on the underlying work

Better Odds

When creating a comic, the chances of success are greater if all jobs are assigned, everyone agrees on the terms, and the schedules for production, marketing, sales, and payment are established before making the book. All this preparation does not guarantee a hit book. The Big Two have dozens of people involved in each book and some of them still fail. But publishing comics involves a lot of individual tasks to make the machine run. If some tasks don’t get done on the business or creative side, then the machine breaks down fast.

Next month I’ll talk about creating a term sheet for the members of your team and the relationship between the term sheet and the contract.

Have fun with your comic...

Gamal  

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

Your Career in Comics: What Are You Trying to Do?

Added on by Gamal Hennessy.

By Gamal Hennessy

I’m in the process of writing a book about the business and legal aspects of making independent comics (See Your Career in Comics). As the book develops, I plan to share parts of it here for your reaction and feedback.

Since this is the first post, I’m going to start with an existential question:

Why do you want to make comics?

Before you start thinking about drawing, sales or social media, it is important to figure out exactly what you’re trying to accomplish and why. Making comics, like any artistic or business endeavor, involves substantial sacrifice and investment. If you’re going to make comics a part of your life beyond the Wednesday ritual of picking up your pull box, it makes sense to take a step back and look at the big picture.

To answer this question, I suggest you take yourself out for a cup of coffee or a cocktail (if you’re old enough, of course) and figure out the answers to the following questions. Keep in mind that the answers can and will change over time, so don’t be afraid to revisit these questions as your circumstances and the industry changes.

Goals (or What Do You Want to Do in Comics?): “I want to make comics” is a start, but there are different aspects to the industry, and figuring out where you want to be will help you make decisions on which opportunities to pursue and which ones to avoid. Maybe you want to make your own books and sell them at cons. Maybe you want to work for the Big Two. Maybe you want to be the next Stan Lee or Todd McFarlane. Maybe you want it all. You can have any goals you want. The purpose of goals isn’t to limit you. They just guide you on your path.

Reasons (or Why Do You Want a Career in Comics?): It’s one thing to know what you want to do. Knowing why is a different type of insight. Are you doing this because you have a story to tell, because you want to be a part of the comics community, or because you want more money than Tony Stark?

Like your goals, your reasons are personal. They don’t have to define you, but keeping them in mind can motivate you to overcome the inevitable setbacks and pitfalls. You can have any reason or motivation you want for getting into comics. There are opportunities for artistry, creativity, and profit at almost every level of the industry, but at the end of the day, a love of the art form will keep you going.  

Plan (or How Are You Going to Get into Comics?) After you understand your goals and your reasons for wanting those goals, you need to develop a plan to help you get from where you are to where you want to go. As you follow along with this blog and hopefully read my book, you can begin to figure out which path you want to adopt for your own purposes and take the appropriate steps.

Of course, no plan survives contact with reality. The industry is in a state of constant flux. The impact of changing trends will often be outside of your control. You’re going to need to modify your plan to adapt to new conditions, so the plan you make might not be the path you ultimately take. But you have to start somewhere and making your own comic is a good place to begin, no matter where you ultimately want to go.

Resources (or What Do You Have to Offer the Industry?) The secret to success in the comics business involves making consistent ritual sacrifices on the altar of the industry. What you get from comics is based in large part on what you put in. Your offering might be a creative vision, artistic skill, a network of eager professionals, or an investment of time and finances. In many cases, the creators who came before you had to offer all these things and more. Now is the time to figure out what you bring to the table and what you need to find in the community to make your goals real.

Milestones (or How Will You Track the Progress of Your Plan?) No one goes to sleep wanting a career in comics and wakes up where they want to be. Your development as a creator will grow in stages. You get to determine what those stages are and to a large extent, in what order you want them to happen. You can start with putting your first team together, getting your first issue online, or any other basis that’s right for you. You can decide whether your goals are books created, copies sold, or views on your website. Milestones give your goals concrete structure you can use to measure your efforts.

Motivation (or What Gets You Started and Keeps You Going?) Despite the view from the outside, the art and business of comics are not easy. It can be a long road from your initial inspiration to holding your book in your hands and the road isn’t a straight line. There will be obstacles and pressures to stop. This isn’t just true in comics. It’s true in life.

Even if you get your vision into the world, success (whatever your definition of it is) may not come quickly. It is not hyperbole to say some creators did not live long enough to see the characters they created become a fixture in mainstream culture.

So what is it about your comic that’s going to bring you back to the project month after month and year after year? What is going to pick you up when life knocks you down? What drives you might be very personal or it could be the universal desire for fame and fortune.

Yes, they’re movies, merchandise, and money to be made. Yes, comics are one of the driving forces in 21st-century pop culture. But the comics business is not a get rich quick industry. For every Walking Dead, there are thousands of other titles that lose money or never get off the ground. If you don’t love comics, it might not make sense to spend the time and effort of getting into the business.

In the next installment of Your Career in Comics, I plan to talk about the framework for an independent comics company and break down the process into manageable parts. If you’d like to read more about the business and legal aspects of making comics, like my Facebook page or sign up for my free newsletter.

Have fun with your comic...

Gamal  

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