Attorney, Author, and Business Consultant for the Comic Book Industry

Filtering by Tag: creator owned comics

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.

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Fighting the Demons of Independent Comics Publishing

Added on by Gamal Hennessy.

Publishing your own comics, like any type of independent creative endeavor, can be an exciting journey of achievement. It can also be a descent into poor health, isolation, and financial stress. Creators who can balance the love for their book with their long term well being have a better chance of enjoying the experience

Jessica Bruder wrote a thoughtful piece in Inc. Magazine called "The Psychological Price of Entrepreneurship." While publishing an independent comic isn't the same as launching a Fortune 500 company, there are simple lessons in this post creators can learn like:

  • Make time for friends and family

  • Ask for help if depression or hopelessness sets in

  • Take care of your body (sleep, exercise, etc.)

  • Don't bankrupt yourself to make your book

  • Don't define yourself only by your book

Publishing independent comics can feel like being a superhero with a secret identity. Both your passion project and your alter ego need to be protected. Neglecting either one can create an imbalance that destroys both.

 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.

 

Your Career in Comics: Transmedia Development

Added on by Gamal Hennessy.

by Gamal Hennessy

A few weeks ago, I introduced a new book I'm working on called Your Career in Comics (YCC) that will attempt to take a comprehensive look at the business and legal aspects of being in the comics industry. (See Your Career in Comics: An Introduction). So far, I’ve introduced the Creator Owned (See The Creator Owned Path), Work for Hire (See The Work for Hire Path) and Creator Driven aspects of the industry (See The Creator Driven Path). This week I'd like to look at the fourth and final role in modern comics: The Transmedia Producer

  • Description: A transmedia artist owns a property and licenses a portions of that property across various media for production, marketing and sales to the public. A comic or graphic novel is a story. The story contain characters and ideas. Your stories can find a home in many different media, depending on its structure. Your ideas can escape the confines of the story and migrate to merchandise or other promotional material.

  • Benefits: The two main benefits of being a transmedia artist are revenue and mainstream distribution. In many ways, the transmedia creator is seen as the greatest commercial success of a comic artist. A commercially successful comic might generate tens of thousands of dollars. A successful comics based movie might generate tens of millions of dollars. The merchandise program associated with a television, cable or film also has the potential to generate millions. Opportunities for interactive and new media spinoffs are increasing. Competition with other forms of entertainment has reduced the number of people reading comics, but the popularity of comics characters has never been higher. The transmedia creator takes advantage of this shift by moving his work to where it will be enjoyed by the most people.

  • Challenges: The two main challenges of being an independent are loss of creative control and lack of knowledge. Transmedia deals can be seen as similar to Creator Driven deals based on the what each side brings to the table. You have the intellectual property, your potential partners have the production and distribution systems to make the most of it. But there are major differences in both the nature of the industries you might be entering and the scale of the enterprise. Making a movie is exponentially more expensive than making a comic and requires dozens more people in every aspect of the project. The same goes for any large scale merchandise or media endeavor. As the cost and complexity of transmedia endeavors increase, the less the comics creator usually understands about what’s going on. Many comics creators don’t know everything that goes into making a single episode of TV or what it takes to ship thousands of toys from China. When the increased scope combines with that natural lack of knowledge it often leads to a loss of creative and financial control.

  • Legal Considerations:  Transmedia deals cannot move forward unless everyone who owns a legal stake in the property has agreed to let the project move forward. Dozens of comics are trapped in development hell for years because of disputes and lawsuits over the ownership of a particular character. If your goal is transmedia, then you have to maintain a meticulous chain of title (documents showing who owns what aspect of the character) from day one. A small sample of the required documents include:

  1. Work for Hire Agreements for everyone who worked on the development of the property who isn’t part of the deal

  2. Collaboration Agreements for every creator who worked on the development of the property who is a part of the deal.

  3. Copyright and Trademark registrations for all major elements of the work

  4. License Agreements for each type of deal you are entering into

  5. Insurance Agreements to protect against potential issues (including IP infringement, defamation, etc.)

  6. Participation Agreements with any third party who might have an interest in the property

  7. Corporate documents for your business entity

  8. Tax documents for your business entity

The amount and cost of covering your bases from a legal standpoint are highest in the transmedia aspect of comics, but the potential rewards and losses are far higher than any legal costs you might pay upfront to avoid lawsuits in the future.

I hope you have enjoyed this introduction into the different comic industry roles. While this doesn’t begin to scratch the surface of the complex business of comics, I hope it forms a basis for you to think about where you are and where you’d like to go as a professional.

In the coming weeks and months, I plan to use my blog to update everyone on the progress of my book. I’m going to share the interviews, research and development of the manuscript so you can learn as I learn. If you’d like to follow along, please sign up for the Professional Comic Creator Newsletter.

Until next time, keep making comics and have fun.

Gamal

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

 

Your Career in Comics: The Creator Owned Path

Added on by Gamal Hennessy.

by Gamal Hennessy

A few weeks ago, I introduced a new book I'm working on called Your Career in Comics (YCC) that will attempt to take a comprehensive look at the business and legal aspects of being in the comics industry. (See Your Career in Comics: An Introduction). I'd like to share aspects of the book while it's being written to get reactions and feedback from the community. This week I'd like to look at the first of the four major paths in modern comics: The Creator Owned Path.

It makes sense to start with Creator Owned comics (sometimes called Independent or DIY comics) because this is the point where an inspired comic book reader puts down their favorite story and picks up a blank piece of paper to begin their journey. At the most basic level, a creator owned publisher owns the property she produces, markets, and sells to the public.

General Concept: As a creator owned publisher, you have a stake in the intellectual property connected to a book. In a minority of cases, you might license the rights to someone else’s work (which often brings the concept of creator driven deals into play that I’ll talk about later) but most of the time, and creator owned publisher is trying to get their own characters and stories out into the world by taking control of the entire process.

Benefits: The main benefits of going creator owned are ownership and control. When it’s your story and your company, you get to decide what the books will be about, how they get sold, and what to do with the money. The freedom to control every aspect of the property can give rise to the great expressions of artistic creativity and business flexibility.

Challenges: The main challenges of being going creator owned are costs and market share. It takes a considerable amount of money to release a single comic, graphic novel and ongoing series by yourself. There is an even larger investment of time, since the great power you have to control every aspect of your book comes with the great responsibility of making sure it all gets done. On top of that, finding readers for your book probably won’t be easy, considering the number of titles already in the market and the domination the Big Two. Finding enough readers to turn a profit is even more difficult. Many books don’t turn a profit or break even from their initial investment. It is not unusual for an independent book to run at a loss.

Legal Considerations: There are legal aspects to the story being created, the process of creating those stories, and the person or people creating those stories. On a fundamental level, having the right documents and registrations in place from the beginning gives you the right to sell what you own. If you skip this step, you might create the World’s Greatest Comic Franchise, but you might not make any money from it. At a bare minimum you’re going to need:

  • Collaboration or work for hire agreements for everyone working on the book
  • Copyright (and possibly trademark) registrations for the book
  • Distribution agreements to get the book out into the world
  • Tax documentation to cover any profits or losses from the book

In addition, you may also need corporate formation documents, license agreements and other types of contracts, but that is a story for another day.

Next time, I'll talk a little bit about freelance comic creators and how they can thrive in the world of comics.

Have fun.

Gamal

Success in the comics industry requires an understanding of the business, creative, and legal aspects of the medium.

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