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

Losing Control and Loving It

Added on by Gamal Hennessy.

By Gamal Hennessy

Reading isn’t the main media for storytelling in the 21st century. Film and TV have replaced the written word as the primary source of entertainment. This means if a writer wants to reach the widest audience possible, the best thing she can do is have her story optioned for adaptation into a movie or TV series. Stephen King, Frank Miller, J.K. Rowling and Joss Whedon are just a few authors who ascended to the next plateau of success by jumping from the page to the screen.

But there is often an inverse relationship between commercial success and creative control. While some creators have enough leverage in TV and film to have a major impact on the transformation of their stories, many don’t. Even the authors who do get to write the screenplay or act as producers give up much of the control over their story’s direction. This occurs for several reasons:

  • Collaboration: Writing is often a solitary art. TV and film almost always have various layers of artists, each with their own talents and vision for your story. When screenwriters, directors, actors, editors and dozens of other people put their stamp on your story, what comes out on the screen will be very different from the image you created sitting alone at your desk.
  • Transference: Different media lend themselves to different types of conflict in a story. (See What is the Best Media Outlet for Your Writing) Prose has a superior ability to explore internal conflict. Theater has a strong emphasis on interpersonal conflict and film has the ability to render extra-personal conflict to an amazing degree. When your book becomes a film, the story has to be adapted to fit the new medium.
  • Time: Your book might take a reader hours, days or weeks to finish. You could write one hundred or two hundred thousand words and fill your story with flashbacks, subplots and other tangential elements that work perfectly on the page. But even a long movie is less than three hours. A TV series might only be fifteen episodes. A lot of material from your book might have to be discarded to fit the time constraints of the screen. Your story might need to be altered yet again to create a logical connection between the remaining elements. Readers of the book will, and often should, see a different story on the screen than they did on the page.
  • Cost: Ideas are free. Words are almost free. You can imagine and write about any scenario, setting or creature you want without worrying about cost. But locations, special effects and actors are not free. The things you imagine might cost millions to translate onto the screen. Production budgets rise with each new summer movie season, but your story can and will change to fit the budget constraints of film production.

There are, of course, extremes on both sides of this experience. Frank Miller’s stories are known for their dogmatic adherence to the source material. Watching Sin City or 300 is really just watching the graphic novel in motion. But authors like Barry Eisler have a different experience. Although he’s been a best-selling author for more than a decade, he doesn’t expect to have much input on the adaptation of his John Rain series by Keanu Reeves. In his own words “If they think my involvement will be useful, I’m sure I’ll be involved. Otherwise, I’m looking forward to making popcorn and enjoying the show like everyone else. Either way, I’ll be happy.”   

Keep in mind, it is rare for an author to get their book optioned for a screenplay or TV series in the first place. There are thousands of screenwriters pitching work created specifically for the screen and they often take precedence over novels. Most books don’t translate well enough into the mainstream to justify the financial risk, so often only the runaway bestsellers (or books made in the same style) find their way to movies. For the thousands of authors who never find financial success in books, there are thousands of profitable book authors who never make it to the screen. And authors who navigate those hurdles will often lose much, if not all, of the creative control over their work. But in this scenario, popularity and revenue can replace creative control. Just be sure your contract gives you enough compensation for you to sit back and enjoy your work on screen with everyone else.

Have fun.
Gamal

Should You Put Your Independent Book in Brick and Mortar Stores?

Added on by Gamal Hennessy.

By Gamal Hennessy

Many artists and writers dream of seeing their titles on the shelves of their local bookstore. Part of my motivation for writing novels came from daydreams of walking into Borders and seeing my book on the shelf near Hemingway and Hammet. But reality has a way of interfering with dreams. It didn’t take long for me to realize my book wouldn’t get into stores unless I had a publishing deal. Then I found out publishing deals could take years to get, if I ever got one at all. So I put my Borders dreams aside and focused on outlets like Amazon and Kobo. But now the market could be shifting. A company called Blurb is offering a service to give independent publishers access to online and offline stores starting this week.

Blurb is a book platform designed to allow independent authors distribute their work. Ingram is a worldwide distributor of books and other reading materials and one of the larger companies of its type. The two companies have announced a partnership to open up Ingram’s distribution to Blurb authors. Details and full pricing aren’t apparent yet, but this new deal gives creators the chance to get their books into almost 40,000 locations.

So what’s the catch?

I don’t know if there is a catch or a downside to this deal for independent authors. I haven’t used it yet for my own work and I don’t know if the pricing or business model makes sense for everyone who has a book to sell. Having said that, there are at least four things to keep in mind about brick and mortar sales in the 21st Century.

  • The number of physical bookstores is shrinking on an annual basis. Remember my dream of seeing my books in Borders? There is no more Borders. Waldenbooks is gone too. Barnes and Noble is contracting as well.
  • The amount of shelf space in each book store remains limited and will probably continue to be dominated by mainstream publishers and titles on the best seller list. Just because your book can get on the shelf of any store doesn’t mean it will be on the shelf.
  • The amount of time any one book stays on a shelf could also be limited. Even mainstream books are not available forever. As the shelves open up to a huge influx of new product from this deal, potential offline shelf space might experience even faster turnover.
  • The bulk of revenue will probably continue to come from online sales of either e-book, audiobook or paperback versions.

I’m not suggesting artists and writers should give up their dreams of seeing their books on the shelf of their favorite bookstore. I’m planning to pursue the Blurb deal with my own books. I am saying the benefit of this deal might be more mental and emotional than financial. As long as you keep the potential limitations in mind, expanded distribution can be an independent creators best friend.

Have fun.
Gamal

Words for Pictures: A Book Review

Added on by Gamal Hennessy.

As a child, the first book I recall getting my hands on about the comic book industry was How to Draw Comics the Marvel Way. After I got out of law school, I got my hands on Understanding Comics by Scott McCloud. The first book exposed me to comics as a technical skill and not just a bunch of cool pictures. The second book reintroduced me to comics as an art form and not just a childish obsession. Words for Pictures is a book on the same level. It describes the creative and practical aspects of comics as a business and belongs on the radar of anyone with any interest in the medium.

Brian Michael Bendis is an award winning writer who has worked on seminal franchises including Spider-Man, X-Men and Guardians of the Galaxy. He’s also had success with his own original titles including Powers, Torso and Scarlet. Bendis brings years of experience to Words, walking an aspiring creator through major aspects of the writing business including:

  • The motivations for writing
  • The form and function of the script
  • Collaboration with editors and artists and;
  • Protecting your business interests

Bendis doesn’t just rely on his own perspective for this book. He adds the insights from dozens of top writers, artists and editors to create a behind the scenes look into the business that is now driving the blockbuster movie industry. One of the most important lessons in the book gets a chapter to itself. Bendis advises anyone and everyone who gets into comics on any level to protect their creative investment by seeking out and listening to lawyers and accountants when it comes to handling their career.

Even if you’re not interesting in writing comic books, Words for Pictures still has value. If you’re a writer on any level, the advice he offers transcends the comic book page and extends out to novelists, playwrights and screenwriters. If you simply love iconic artwork, Words is filled with art from some of the top comic book artists of the past and present. In the same way you don’t have to read comics to enjoy comic book movies, you can enjoy Words for Pictures without trying to be the next Walt Simonson of Brian Michael Bendis.

Have fun.

Gamal 

How to Break into (and Stay In) Comics

Added on by Gamal Hennessy.

Finding your way into the entertainment industry is often a mix of persistence, talent and luck. Almost every successful actor, musician and writer went through a convoluted path to achieve their goals. The road they traveled had a lot of detours, failures and dead ends, but determination (or stubbornness) carried them over their obstacles, and back on their chosen path. The life of a comic artist isn’t any different. The people at the top will be the first to tell you that.

Some of the top writers and editors at Marvel recently relayed this message at their annual panel at San Diego Comic Con. (See Breaking Into Comics the Marvel Way). C.B. Cebulski, the SVP at Marvel who oversees talent acquisition and development, sat down with Marvel’s editor in chief and several of their top talents to discuss both the road to success and tips for aspiring artists.

The main thrust of the discussion was twofold:

1) There is no “right” way to get your shot at working for a company like Marvel. You can try as many methods as you can think up, as long as you keep it professional.

2) Once you get your first “big break”, your work has just begun. You have to continue to prove your value and your professionalism or you can lose your spot to the next fifty people trying to get in.

C.B. reinforces this message in a new book about writing for the comics industry. Brian Michael Bendis adds the insights from dozens of top writers, artists and editors to his own experience in Words for Pictures. Bendis, Cebulski and the other contributors do a great job of redefining success. For them, it’s not enough to break into comics. You have to keep pushing yourself to stay in the industry.

Recent history is full of examples to support this idea:

  • Joe Quesada could have been content to draw Batman and create characters like Azrael, but he went further first with Marvel Knights, then becoming EIC at Marvel and helping move the company into the golden age of comic book movies
  • Frank Miller could have been happy to redefine characters like Batman and Daredevil, but he kept pushing, creating independent properties like Sin City and 300 that made it all the way to the big screen
  • Jim Lee could have just drawn Spider-Man, but he went out on his on and built Image into one of the largest independent comics companies, before going back to DC and taking a major leadership role there.

There are a lot of other examples, but you get the idea. If you take the long view of your career, you’ll see your first deal or your first book as the stepping stone to more work and bigger things. You might not become the next Frank Miller, but your professional and creative development will extend far beyond the first big break.


Have fun.
Gamal

Self-Promotion, Social Media and You

Added on by Gamal Hennessy.

The business of stories isn’t all about contracts. A big part of your job as an artist is getting your work in front of the right people. It doesn’t matter if you’re trying to get a traditional publishing deal or self-publishing. It doesn’t matter if you tell stories through books, comics, or film. Getting your stories out into the world and getting your name in front of the right people is a key element to success.

Social media is a blessing and a curse for the independent artist. It gives you the potential to reach millions of people for little or no money. It could also turn into a big drain on your time, and the volume of competition in every type of storytelling can bury your work long before it finds an audience.

I publish my own books under the Nightlife Publishing brand, so I have some experience in self-promotion and social media marketing. I’m also the first to tell you I’m not an expert by any means. Steve Lieber has far more experience in this part of the business than I do. He’s worked for all the major comics companies and one of his books became a major motion picture. He posted an article this week about self promotion. It has some useful advice for artists and writers alike, so I thought I’d share it with you.

See The Art of Self Promotion

Have fun.

Gamal

 

Are You Working for Free (Considering Consideration)

Added on by Gamal Hennessy.

Consideration is a basic concept when you’re dealing with contracts. It’s not about being considerate in terms of being thoughtful, it’s about an exchange of value.

In most cases a contract is an agreement between two or more parties who agree to trade something of value. A lot of things can be thought of as valuable in contracts: money, goods, services and even promises can be used as consideration under certain circumstances. As an independent artist, there are four type of consideration you should look for in your contracts. If you don’t find any of them in a particular deal, then the deal might not have any value to you.

The Four Types of Consideration

  • Delivery Based Consideration: You get something specific once you deliver the agreed upon material. For example, if you draw 22 pages for $300 per page, then you get $6,600 upon delivery of the pages. This type of consideration could be defined as a flat fee, based on the number of words or pages or some other measure of performance. This type of payment is typical of work for hire agreements where the artists is hired to perform a specific task for a limited amount of time (See Contracts 101: Creator Owned v.s. Work for Hire)

  • Performance Based Consideration: You get something specific once the project begins to generate some sort of profit. For example, if you are entitled to 20% of the gross revenue of a book, then you make money if and when money comes in from the sale of the book. This is a common form of consideration for collaboration agreements, self-publishing platforms like Kobo and KDP and creator owned agreements with certain publishers.

  • Combined Consideration: You get paid coming and going. In an extreme example, Robert Downey Jr. allegedly pulls in up to fifty million dollars in direct salary, box office bonuses and back end participation for playing Iron Man in the movies (See RDJ Pay Set to Hit Fifty Million). While you might never make as much as RDJ, these are the most lucrative types of deals because they give the artists both protection against a poor performing book and the benefits of a successful book.

  • Production Consideration: You get someone else to pay for the cost of your project. For example, if you have a story you want to publish, but can’t cover the production and distribution costs of the release, someone else can pay those upfront costs to get your work out into the world. This is the least lucrative kind of consideration, because an artist can lose all the rights to their characters and stories for a few thousand dollars that they never receive directly. While many of these deals can provide exposure and ego gratification for the artist, most people regret signing these deals, especially if the project becomes successful and they have no ability to share in the financial windfall.

One of the first things you need to ask yourself when looking at a contract is ‘what am I giving up and what am I getting for it? Giving up your time and effort for cash is a way to make a living. Giving up your inspiration and creativity for the chance at future success is also a decent idea. Giving up everything for nothing is no way to manage your career. Always try to get some consideration in your contracts, even if the other side isn’t being considerate.

 

Have fun

Gamal

Treat Your Art Like An Investment

Added on by Gamal Hennessy.

The success of Guardians (See Guardians Zoom to $94 Million Dollar Weekend) and the ongoing success of the Avengers franchise in mainstream entertainment creates a ripple effect reaching into the comics and other media. Guardians is getting a TV series (See Marvel Announces New Guardians Series). Staple Avengers characters are getting diversity makeovers (See On the New female Thor and a Black Captain America). Other Avengers characters are getting high profile spin off comics (Loki, Hawkeye and Black Widow). As the public perception of these properties rise, Marvel is putting more energy into them.

Meanwhile, other properties are getting less attention. From where I’m sitting, franchises like the X-Men are losing currency in the comic book universe. While the X franchise still has a large percentage of the books coming out every month, they are being marginalized from a story perspective. They’re not the focus of many of the tentpole events of the past few years (Secret Invasion, Civil War, Siege, etc.) and there was a major storyline killing off most of the mutants in the Marvel Universe and sending the rest of them to live on an isolated island. To top it all off, the major event of this summer is killing off Wolverine. The X-Men have been the best selling and most popular franchise for the past twenty years of Marvel Comics. All that might be changing now.

Why?

I think part of the reason has to do with lack of control and lower revenue. Marvel has far greater control of the Avengers and Guardians characters than they do with X-Men. The X-Men film license is held by Fox (and the Spider-Man license is held by Sony in a co-production agreement). Those licenses were created when Marvel had very little leverage because of their recent bankruptcy. The revenue from those movies and their associated merchandise programs, helped put the company in a position to make films like Iron Man and Captain America, but deals that made sense then aren’t as attractive now.

The X-Men and Spider-Man deals are still making money for Marvel. But from a business standpoint, it makes more sense to focus on the characters who generate more money. Changing focus means some characters get more attention, while others get less. This thinking explains part of the reason for the shift (See Marvel Shorting X-Men Due to Fox Deal)

Marvel’s strategic creative choices offer useful guidance for emerging and independent creators both inside and outside of comics. When you strip away all the fanfare, details and nuances of each tactical move, the basic idea can be expressed in three parts.

1) See your stories and characters as investments of your skill, time, energy and passion

2) Take the long view of your stories and characters when considering their business potential

3) Focus your energy on those projects that fit with your long term goals

I could be wrong about the direction of X-Men comics. This transfer of focus could be a temporary move designed to reinvigorate the franchise or regain complete control if and when the film license expires. Either way writers and artist can learn the concepts of artistic investment by watching the way the big boys play.

Have fun.

Gamal

What Message Should You Take from the GoG Success?

Added on by Gamal Hennessy.

At this point, the internet is saturated with reaction from the monster opening weekend of Guardians of the Galaxy (See Guardians Sets New August Record). Some see this as a new plateau in the golden age of comic book movies (See Films Based on Comics are Serious Business). Others assume saturation is just around the corner. Either one of those perspectives could be accurate. In certain ways, they’re probably both right. But as writers and artists, what should you take away from the breakout success of the latest Marvel film?


Answer: You never know which property is going to be successful and you never know when.


Consider the doubt many people expressed leading up to the release of GoG (See Guardians Will Be a Flop). A film based on a group of unknown characters created in 1969 and only loosely linked to the Avengers franchise didn’t have the established mainstream fan base widespread support of Spider-Man, Batman or even Hulk. I think quite a few people saw the “inevitable” failure of GoG as the beginning of the end of the comics based movie era, especially in the light of disappointments like Green Lantern, Amazing Spider-Man 2 and The Wolverine. But when an obscure property makes $94,000,000 in its first four days of release, people take notice. When a film opens as a historic success, as part of a string of top grossing film and merchandise campaigns, the potential of comic based entertainment can’t be ignored.


All this means you can’t afford to ignore the legal status of your property either.


  • Yes you might be working on your first self-published book.
  • Yes, you might still be looking for a creator owned deal.
  • Yes, the vast majority of comics will not become movies or TV series or anything else.
  • Yes, it might take decades before Hollywood (or in the future Amazon, Netflix or its successors) stumbled upon your little book.


Even if all of this is true, can you afford to be cut off from ownership and potential future earnings? In his new book Words for Pictures, Bendis suggests you treat your story like it’s going to be the next big thing when it comes to dealing with your contract. It might be optimistic to the point of being delusional, but it is still sound advice for anyone in comics, even if your book doesn’t have a talking raccoon character.


Have fun.
Gamal

Why Comic Creators Need Lawyers

Added on by Gamal Hennessy.
Technology has given independent artists the tools and freedom to control more of their work. It is easier than ever to create, publish and distribute your stories without a deal from the big boys. This evolution in the industry gives you more chances to get your work in front of bigger players, and gives you the potential to make deals that were few and far between a few years ago.

But this DIY spirit can be dangerous if taken too far. There is a point where it is helpful, even preferable, to do things on your own. When it comes to legal agreements involving your intellectual property, you need the support of a professional.

Disclaimer
You’ve probably already came to the conclusion that I'm only writing this post to get more work. After all, I am an attorney who represents comic creators. (See An Introduction to Creative Contract Consulting). If I scare you into thinking that you'll be cast off into the Negative Zone if you don't get a lawyer, then there's a good chance you'll hire me. To a certain extent, that's true. But there are three points to keep in mind before you dismiss me out of hand:

So as self-serving as this post might be, that doesn't mean it doesn't make a point that can help you.

Division of Labor
The reason you need a lawyer to help protect your rights is because legal contracts and legal principles are designed to be confusing.  The language used in contracts is circular, opaque and dense. What the words mean and what you think they mean are often two different things. The implications of certain words are often unclear even to the person who wrote the contract. Without someone there to explain things to you, it is easy to sign something that will hurt you down the line.

This is not an attack on your intelligence.  Many of my clients are a lot smarter than me. This is a question of training and experience. I’m a writer as well as an attorney (See Smooth Operator). I don't edit my novels and I don't design the covers. I hire professionals to do that. (See Judging a Book by its Cover) As an airline passenger, I don't fly my own plane. I pay the airline to supply professionals. I could learn editing, cover design and piloting, but it saves time and money to bring in a professional.

Hiring a lawyer is the same. We already wasted years of our lives and hundreds of thousands of dollars learning to decipher contracts. Why not take advantage of our poor decisions?

A Word about Costs
Lawyers are not cheap. We have to pay off exorbitant loans and many of us have expensive tastes. We normally charge by the hour, so the best way to use a lawyer is to hire one for as short a period of time as possible. If you hire them before a deal gets signed, it might cost you a few hundred bucks. If you hire one after something goes wrong and you need to go to court, that number can rise exponentially. Court cases can take years and those billable hours pile up fast. It's better to bring us in on the front end and nip the issue in the bud.

Somebody, but not just Anybody
I understand if you don't want to hire me. You might not like my style. I might not be attractive enough to be your lawyer. That's fine. I've been rejected before. All I ask is that if you're faced with a contract that involves you or your work, get a lawyer to review it before you sign it. And not just any lawyer. A criminal defense attorney might not understand the entertainment or comics market well enough to help you. Check the background of your prospective attorney, talk to your colleagues about who they use. Once you find the right one and you determine they have an acceptable level of attractiveness, retain them and put them to work. That will give you the time and the peace of mind to go back to making comics.


Have fun.
Gamal

Recommended Panels for New York Comic Con 2013

Added on by Gamal Hennessy.

Events like NYCC are beneficial in many ways. They allow professionals a chance to network, connect with their fans, sell their work and be inspired by the work of others.

Cons are also a good source of information when it comes to managing and understanding your career. If you take advantage of the professional panels at NYCC, you have a chance to learn from people who can help you avoid mistakes and enhance your career.

This is a list of the most interesting panels I've seen on the schedule at this point. I can't vouch for the speakers or the quality of the presentations, but these are the places I plan to spend my time on Thursday afternoon. My own willingness to attend these meetings and not stand on line to play Arkham Origins has to count for some type of endorsement.

Thursday October 10th
3:15: Comixology Submit: The Future of Self Publishing
4:15: Protect It and Publish It: Meeting and Negotiating with Publishers
5:00: You've Broken into Comics, Now What?

I'm also giving these two panels honorable mentions. I won't be able to attend because of schedule conflicts, but they do sound useful.

Thursday, October 10th
4:15: Protect It and Publish It: Creating and Protecting Your Property

Friday, October 11th
Comics & Hollywood: What Creators Need to Know

I plan to write an essay about what Iearned at Comic Con, but nothing beats being there yourself if you can. If any of you are planning on attending NYCC and you'd like a meeting to discuss the rights of your book, please send an email and we can set something up. Also, I plan to be in Artist Alley on Friday. If any of you have a booth, please let me know the number so I can try to stop by.

Otherwise,  you can find me at the Arkham Origins booth.

Have fun.
Gamal