I suggest he go ahead and register his creations and characters with the copyright office. Couldn’t hurt and might help.

An FYI

For you published or aspiring novelists out there who are doing or considering writing media tie-ins…

Work-for-hire does NOT cover novels. They are outside the criteria.

But if you want to work in the comics “business”, then you’ve got to know the business, and not complain about it when you don’t. This guy acts like he didn’t know what a work-for-hire contract was, thinks that Platinum Studios is the only one who uses them, didn’t read his own contract that he signed and then complains that he didn’t get the deal he wanted. (Of course, he had no complaints when he took their money.)

Would you expect that Platinum would had over money to you without reading your pitch or seeing your artwork? Then why would you hand over your creation to them without reading their contract?

Cheers.

Contracts can be changed from one creator to another. Maybe Platinum simplified their contract since then, maybe not. No accusation here, just comment.

Telling a creator not to get attached to a project because of what the contract says is like promoting abstinence to teenagers.

Sometimes art is made with your heart not your head.

But you should still read contracts and wear condoms!

If you want to sign away your creation knowing the ramifications, that’s your biz. But, you know, I first read about what happened to Siegel and Shuster when I was, like, 11 years old (I’m 35 now). Then there was the fight over Kirby getting his artwork returned, Alan Moore disowning Watchmen over his deal with DC, Marv Wolfman’s unsuccessful lawsuit over Blade, and so on and so on. It’s hard to believe that anyone who’s serious about comics doesn’t have a rudimentary understanding of this stuff, even if all they’ve read was The Adventures of Kavalier and Klay! Even if you’re not a lawyer, this history should make you aware enough to know what to look out for. It’s NOT an iron-clad rule that you get shafted in your first contract! It does happen a lot because young artists’ enthusiasm and inexperience often outweighs their business sense, but there’s nothing that makes getting screwed (or LETTING yourself GET screwed) inevitable.

Thanks for the thoughtful outline I no doubt will save as a nice resource. I am so sad to hear this happen time and again and really the comic community owes itself to better protect their artistic voyage and rep. With POD readily available, there’s little reason for suspect publisher’s to get away with this kind of crap in the numbers they have. Have at thee.

Does Platinum have you on salary as a part of editorial?
—–
If I were a creator, I would never work for a company that is constantly under public scrutiny. Where there’s smoke, there’s often fire.

~

Coat

Here’s a small thought about the “selling your car” or selling your baby or rights away. It’s different because as I understand it, if I sell “my car” — it’s not like that at all. Say they took your old car to a car show and won prizes with it, you wouldn’t get a cut. But under Platinum’s standard contracts, you’d get a cut of that, and or if they sold the car again to someone else all along the way. I’m sure different contracts are different, but they’re not outright taking your idea and not keeping you included.

On the other hand, I think its the same for Marvel and DC, they might give some royalties now? But for years they didnt. When you worked for them, you didnt get anything but the paycheck, and they didnt cut you in on things you created while working there. At least Platinum has been doing that over the years i’ve heard. I dont see how thats bad at all, and it was a draw for me for sure.

And everything I worked on was something that Platinum already owned. It was work-for-hire and I knew that going in. I just fell in love with the project, and when it got lost in the editorial shuffle I decided that I would move heaven and earth to get it out there. It’s not like Platinum was trying to screw me or anyone else over. Things just didn’t work out. That happens.

The guys at Platinum are really quite reasonable, and they spend a lot of time and money developing people who no one else would touch — like me four years ago. I felt lucky to work with them then, and I feel the same way now. It’s not all peaches ‘n cream over there, but then it’s not really that way anywhere. Platinum is what it is, and they’ve never pretended otherwise.

And no matter what kind of treatment Strand did or didn’t get from Platinum, his “take my ball and go home” attitude only makes things worse.

Everyone gets screwed on their first contract. It’s one of the ironclad rules of the entertainment industry. The goal is to just get out there and prove you have what it takes and with every subsequent contract you gain more and more leverage until you’re the one dictating terms to The Man rather than the other way around.

On Plain Talk No. 3 – We must always remember that Platinum had to re-do their contract for the first Small Press Idol, thus getting DJ the second item of desire, the legal forcing of them to print the comic. Platinum has to produce his comic, there’s no ifs, ands or buts there. So yes, they’ve been good to him. But to the other creators that lined up the seven years before him? Yeah, that’s a red flag.

When large publishing or production companies try to expand their powers unchecked, that’s when bad things happen. I will give Platinum a shred of probable deniability from their first Small Press Idol fiasco, where they originally were taking ownership of any idea submitted through the contest. That could have been a mix-up in the legalese, but enough people raised questions about it that the Studio was forced to fix things and make them painstakingly clear.

Meanwhile, if I remember the legal wording of the contracts signed correctly, Platinum was bound to offer contracts to the top 3 winners of the Idol, with only the winner’s getting a mandatory printing. Did the two runner-ups get their contracts? And if so, am I missing more of the solicitations from the company? Because right now, the only print I’ve seen is the legally forced book and the one with the company president’s name on it.

However, thee are a lot of disappointing deals out there.

Intentional or not, that’s some first rate shilling.

It’s totally possible to work for a company and still not tout the party line at every opportunity.

If he created the book and took it to Platinum, it CAN’T be work-for-hire. Under the Copyright Act of 1976, work-for-hire requires that the employer specifically commissions the project. Work created on the artist’s own initiative is never work-for-hire. The contract may be invalidated if Strang makes the effort to pursue it.

Both parties in this case are invited to come by the UNSCREWED! website at http://www.unscrewedcomic.com to discuss the case and possibly reach some sort of agreement.

http://vlany.org/

Moreover, many creators are happy to help out newbies and if you just ask around, they can give you an overview of the content of your legal document for free.

There’s plenty of low cost legal advice available, if you are willing to spend 30 minutes on the internet searching for it.

However, what many creators really need is a decent literary agent. A lawyer can tell you whether or not the document you are about to sign is enforceable. They can’t always tell you whether or not that document is in your best interests.

I think that situation is quite common in these types of stories. Big Thick Contract. Lawyers charging $$ by the hour to go through it. Your minimum wage job can’t afford it. That’s if they are even employed.

I think Heidi is right, publishers shouldn’t ask people to create new work, then offer them work for hire contracts that give them the ability to replace creators on those works. When dealing with creators, eventually a disagreement is going to happen that won’t be able to be worked out. It really doesn’t matter who is “right” or “wrong.” Under this set up, the publisher has nobody but themselves to blame for the negative PR that comes from disgruntled ex-freelancers.

There is a difference between being hired to create something new for a company, and a company wanting to buy something you already created.

If you already created it, you own it. It’s your baby. Do with it as you will. If you want to make Sophie’s Choice, then go ahead and sign away your rights.

If however someone says “we like your stuff, we want you to create something for us” then they are hiring you to create something new for them. You would not own that new creation. It was never “your baby”, you’re just the surrugate mother.

No one should have any problem with being hired to create something new for someone, so long as you know what you’re getting into (meaning is it worth the fun, fame, or fortune?) But don’t be lured into a “I’ve had this great idea for twenty years and now it’ll be published if I sign over all ownership” situation. If the idea really is that good, a publisher will take a chance on it without buying it lock, stock and barrel.

Keep the ideas you created for yourself. But there’s no need to be afraid to sell ideas you’re creating specifically for someone else.