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Adam Geen
06-20-2007, 05:10 AM
From: http://pwbeat.publishersweekly.com/blog/2007/06/20/breaking-work-for-hire-is-bad/


BREAKING: WORK FOR HIRE IS BAD!!!

Yet another squawk over Platinum and its long languishing library over at Comixpedia where Mike Strang pens a cautionary tale he’d like to call Never sign a Work For Hire contract with Platinum Studios!

Stay away from Platinum Studios and any Work for Hire contracts if you feel attached to your creations. I feel as though I signed my soul over in a deal with the devil.

My name is Mike Strang and I wrote a comic book for them a horror spoof entitled WEIRD ADVENTURES IN UNEMPLOYMENT…

I signed a work for hire contract being naďve and took the little money they gave me up front to write four issues because I was happy to achieve my dream that I was going to be published into a real comic book I can put in my long box next to my beloved Batman collection. That and I would get royalties on the back end when it hit the shelves. To do so I signed the rights to my character Wrigley Barnes trusting them because of the editor in chief there at the time was Lee Nordling, a stand up guy

I worked well and got through what was asked ahead of schedule. After artists mysteriously came and went on the project it was over two years before the thing was actually getting drawn and had a projected solicitation. The first issue was nearly complete and then Lee left the company and the project was shelved.

I heard later after many months from an insider that under new management they were kicking me off my comic and going in another direction and that I was being replaced by another writer. I thought that was shady not telling me anything when I regularly emailed about updating me on news about the project and replacing me on MY CREATION.


There’s much more in the link, a string of unreturned emails, etc. ending in Strang being fired off his own creation.

Sad. You bet. The story continues in the comments, with Platinum creator DJ Coffman (Yirmumah and the Platinum produced Hero at Large)showing up as he so often does to defend Platinum, and Strang showing that he’s still pretty naive with such comments as “My dream is dead” and this:

I made the decision before I started to blog I was done with comics. So I don’t care who won’t work with me now. It’s irrelevant.

I didn’t shit on webcomics either. I just said they’re not my thing. My goal was to have a comic in print to put in my long box next to Batman.


We contacted Platinum for their side of the story, but they declined to comment. And why should they? Strang knew what he was getting into, sort of. There are a lot of lessons to be drawn from all of this, so here’s another installment of Plain Talk From Stately Beat Manor™®© that you just might want to bookmark.

#1: DON’T SIGN A WORK FOR HIRE CONTRACT ON SOMETHING YOU CREATED!!!!! Can we repeat that a few times? While smacking you upside the head? That means you are selling your baby to the gypsies. It’s bad enough when smart people like Dave Roman do it, but by his own admission, Strang had no interest in reading “a contract the size of war and peace worded in legaleese is a bit hard to navigate through for a first timer with no experience in the biz.” That’s right, that’s why you hire a lawyer, or get a friend to read it. Strang couldn’t read it, but he did sign it. Because he wanted that comic book with “Written by Mike Strang” on the cover to put next to his Batman. Do not sign contracts unless you understand what you are signing, especially if it’s your life’s work, as WEIRD ADVENTURES IN UNEMPLOYMENT evidently was for Strang. And in case you didn’t know “Work for hire” means that the company not you created the property and they can fire you off it and change it and take your name off it if they want, unless you have specific language in your contract that says this. But also remember, the rights to your creations are YOURS in perpetuity…unless you specifically sign them away.

#1b: YOUR KINDLY EDITOR WHO YOU LOVE TO WORK WITH MAY GET A BETTER JOB OR GET FIRED!/or conversely THE KINDLY PUBLISHING COMPANY MAY GO BANKRUPT LEAVING YOUR CONTRACT AS AN ASSET. Miracleman, anyone? You may have the best relationship in the world with our editor/publisher, but things may change. Another reason why you need to READ THAT CONTRACT.

#2: PUBLISHERS WHO BUY PEOPLE’S CREATIONS AS WORK FOR HIRE IN THIS DAY AND AGE SHOULD BE ASHAMED OF THEMSELVES especially when its for a pittance, which quite a few people try time after time. While it’s hard not to laugh a bit at Strang’s naivete, that doesn’t mean he should have been taken advantage of. And the creative community needs to look out for itself and publicize stories like this to make sure people know they have options. . Once again, some folks, like Dave Roman, and doubtless others went into the deal eyes wide open knowing what it meant. (In addition, you’ve got to remember that seven years ago, the comics industry looked pretty much kaputski.) But not everyone is as educated.

#3: DJ Coffman, you need to stop running around being Platinum’s cop. I’m sure they have treated you very fairly, and you are being honest, but you are coming off like a company shill. You need to be aware that there are some people, like Strang, who have legitimate grievances. Because, you see

#4: The Platinum story is far from over. Call it a gut level feeling. Hundreds of properties in development for seven years? Check out this Google cache of the projects Platinum once had in development, and some of the names involved. One thing that seems clear from the stories emerging is that a lot of people who signed on to Platinum did so with the belief that their stories would some day be published. Literally published in a pen and ink format you can hold in your hands and read on the can. That publishing model has mostly been supplanted by a webcomics model, with the idea, apparently, that if something catches on, it will see print. But we reiterate, there are apparently scores of Platinum properties out there. This remains a great silent society, it seems, but for how long? Maybe some of these stories will even be success stories. We sincerely hope so.

And to finish up, we’ll pass along MacDonald’s Law: If your property that got ripped off was the only thing you had, you weren’t going to have a very long career anyway. Get back up on the horse, kid. There’s got to be more where that came from. Jerry Siegel, Joe Shuster, Jerry Robinson, Arnold Drake, Jack Kirby, Steve Gerber, Marv Wolfman…they all got back up on the horse. They kept going. They knew that their ideas were the only gas that kept the car going. Without it, all the contracts in the world are meaningless. Sometimes you gotta look at it this way: if you got ripped off, it must mean you had something valuable in the first place.

Towards the end of the thread, Strang sounds a little more like he’s saddling up again. “I’m taking a class on web design and started my own website pretty soon though. I’m controlling my own ship from now on.” Sail on, you crazy diamond!

More on Platinum:
News and notes
Platinum’s lack of credit - UPDATE

Anyone else find it funny that pretty much the only time we ever hear mention of Platinum Studios it's always in a negative fashion?

And check out the link to make way with the links.

Akira
06-20-2007, 05:24 AM
So they're just talking about Work for Hire with Publishers, and not individual writers hireing artists, right?

SteveFlack
06-20-2007, 06:58 AM
oh, wah wah wah. The guy lost all my sympathy once he said he didn't read the contract.

-Steve!

Adam Geen
06-20-2007, 07:02 AM
So they're just talking about Work for Hire with Publishers, and not individual writers hireing artists, right?

Publishers

xyzzy
06-20-2007, 07:04 AM
oh, wah wah wah. The guy lost all my sympathy once he said he didn't read the contract.


Exactly. It's like he didn't even understand what "work for hire" meant.

Bill?
06-20-2007, 07:19 AM
Exactly. It's like he didn't even understand what "work for hire" meant.

I give him a little leeway because maybe he didn't know that. He's not a lawyer and maybe he couldn't afford to get one. that being said, you'd think he'd have asked those kind of question before he signed on the dotted line. if the editor in chief was such a stand up guy, I'm sure he'd have been happy to address any concerns he had in a professional manner.
and I do think this is probably the wrong way to go about things. He should take his lumps and move on. it certainly does him no good to get a reputation as a pain in the ass this early in his career.

BTW, has anybody pointed out the small irony that his comic was called "WEIRD ADVENTURES IN UNEMPLOYMENT". thats kind of funny to me.

Jacob Lyon Goddard
06-20-2007, 07:28 AM
anyone who creates an original property that they don't own doesn't know jack shit about comics history

Kody
06-20-2007, 07:30 AM
First off, I know DJ Coffman a little from the Digital Webbing community, and he's been nothing but professional and honest every time I've chatted with him.

Second, if you drop a brick on your toe, you can't blame the brick. And you can't expect to convince everyone else to hate bricks because you dropped one on your toe.

Read the fucking contract.

ClintP
06-20-2007, 07:36 AM
BTW, has anybody pointed out the small irony that his comic was called "WEIRD ADVENTURES IN UNEMPLOYMENT". thats kind of funny to me.

It is a little ironic and funny to me as well.

Thomas Mauer
06-20-2007, 07:39 AM
Huh, someone recently told me that he or she were going to work for Platinum. Forgot who it was, but I hope he/she's VERY cautious.

PhilipClark
06-20-2007, 08:14 AM
Wow. There are so many wrong things happening with this agreement. And I wish I could say Platinum is the only company doing this, but I got a similar offer for QUANTUM, and I turned it down flat.

You're going to pay me jack squat to take MY property and give ME edits on a story I devised??

Fuck. That.

New creators need to give themselves more credit and believe in their visions enough to protect them from bad deals. Now that comics are a cash cow for the film industry, we're going to start seeing more of this crap.

Read the fine print. Hell, with something like this you need to hire a lawyer to read it with you. A minimal investment in legal will save your ass down the line. Plus, it's a write-off.

James Patrick
06-20-2007, 08:39 AM
Read the contract. Know what you're doing. Platinum is treating some of their creators just fine. That guy could have signed over his wife to Mike Tyson and his kids to Michael Jackson and not had a clue.

James Patrick
06-20-2007, 08:42 AM
oh, and i hate that it's okay for the beat to report on everything that's negative at platinum and not okay for dj to defend them. and the last thing that was reported on was a mistake, to my understanding.

Jacob Lyon Goddard
06-20-2007, 08:59 AM
waaay too many little old jewish guys died poor while shit they created made billions for something like this to be okay.

it sucks that "assume they're trying to fuck you" needs to be a creator/cartoonists default setting

ClintP
06-20-2007, 09:01 AM
waaay too many little old jewish guys died poor while shit they created made billions for something like this to be okay.

it sucks that "assume they're trying to fuck you" needs to be a creator/cartoonists default setting

Isn't that a good common practice for anyone in just about any situation?

Simps
06-20-2007, 09:01 AM
waaay too many little old jewish guys died poor while shit they created made billions for something like this to be okay.

it sucks that "assume they're trying to fuck you" needs to be a creator/cartoonists default setting
"Assume they're trying to fuck you" is the norm in any kind of business, it just seems there's some naiveté among inexperienced comic creators/cartoonists.

mario
06-20-2007, 09:03 AM
waaay too many little old jewish guys died poor while shit they created made billions for something like this to be okay.

And they made alot of other little old jewish guys very rich in doing so

mario
06-20-2007, 09:07 AM
"Assume they're trying to fuck you" is the norm in any kind of business, it just seems there's some naiveté among inexperienced comic creators/cartoonists.

But also some part of the "young" generation choose to be ignorant. A while back when Tokyopop implemented their shared ownership deals, lots of young artists happily signed off some of their right in a "yeah, whatever" way when warned by the "older" generation.

Thomas Mauer
06-20-2007, 09:10 AM
But also some part of the "young" generation choose to be ignorant. A while back when Tokyopop implemented their shared ownership deals, lots of young artists happily signed off some of their right in a "yeah, whatever" way when warned by the "older" generation.

That seems to be something many hungry newcomers seem to have to go through before getting wise to the game. :?

Bill?
06-20-2007, 09:13 AM
waaay too many little old jewish guys died poor while shit they created made billions for something like this to be okay.

it sucks that "assume they're trying to fuck you" needs to be a creator/cartoonists default setting

actually I think things like the comics code had a lot more to do with that. most of those guys were more than happy to do work for hire (of course this was in the days before reprints and trade paperbacks and movie deals and affordable self-publushing).

Bill?
06-20-2007, 09:16 AM
That seems to be something many hungry newcomers seem to have to go through before getting wise to the game. :?

I think it's true in any industry that you have to build up a little clout before being able to get better deals for yourself. in fact, one way in which the comics industry is different is that there are other (though often harder) options.

Thomas Mauer
06-20-2007, 09:31 AM
I think it's true in any industry that you have to build up a little clout before being able to get better deals for yourself. in fact, one way in which the comics industry is different is that there are other (though often harder) options.

I think the biggest mistake new creators can make is to believe the comics business plays by different, more friendly rules than any other business. That's where naivetee in terms of contracts seems to come from. "Oh, we're all in comics and love the medium, so I won't get screwed."

Companies look out for themselves, so they try to work contract negotiations in their favor, of course. Some are shadier than others, but you can't blame them. It's how it works.

Breaking into the industry always looks like a Sisyphus task, but the best thing to do sometimes is walk away from an opportunity instead of hoping that it'll somehow work out in the end. There'll be more opportunities coming up.

Jacob Lyon Goddard
06-20-2007, 11:02 AM
actually I think things like the comics code had a lot more to do with that. most of those guys were more than happy to do work for hire (of course this was in the days before reprints and trade paperbacks and movie deals and affordable self-publushing).

Unca' Martin Goodman and Malcolm Wheeler-Nicholson predated the Code by quite a bit
not that they was solely responsable for Kirby or Simon or anybody else getting screwed, they just helped set up the framework where it was okay for two kids from Cleveland to get paid $75,000 for a character that was making millions in pure profit in 1940, before DC fired them from their own creation in 1948 and removing their names from any related titles.
they sold Superman to Wheeler-Nicholson for $130, they were told the deal was a sign-on for publishing with them, not for ownership rights.

DC's no better now, wonder why they recently killed off Superboy?
because the estate of Jerry Siegel sucessfully reclaimed the rights in a court of law in November 2004 and Time Warner didn't want to have to cut the family in on the money.

the fact that Eisner held on to The Spirit is proof both of his genius, and that it could be done.

xyzzy
06-20-2007, 06:07 PM
I give him a little leeway because maybe he didn't know that. He's not a lawyer and maybe he couldn't afford to get one. that being said, you'd think he'd have asked those kind of question before he signed on the dotted line. if the editor in chief was such a stand up guy, I'm sure he'd have been happy to address any concerns he had in a professional manner.
and I do think this is probably the wrong way to go about things. He should take his lumps and move on. it certainly does him no good to get a reputation as a pain in the ass this early in his career.

No leeway from me. Signing something you don't understand isn't any better than signing something you didn't read. Either way you deserve what you get.

And you're right. The least he could have done was ask the other party what the contract consisted of. They would have been legally bound to tell him the truth.

c. page
06-20-2007, 06:20 PM
no sympathy for the guy here. you want to see a comic with your name on it? self publish if you have to. there are always options besides selling your rights to a publisher. especially in this business where the whole creator's rights issue has been huge for years.

batmanbooyah
06-20-2007, 07:12 PM
there's "taking advantage" as in the case of superman for a hundred bucks or so, then there's "you're an idiot for not reading this." if your entire goal is to create, you have other venues than to sign away your character if you don't want to.

stevapalooza
06-20-2007, 07:22 PM
First off, I know DJ Coffman a little from the Digital Webbing community, and he's been nothing but professional and honest every time I've chatted with him.

Second, if you drop a brick on your toe, you can't blame the brick. And you can't expect to convince everyone else to hate bricks because you dropped one on your toe.

Read the fucking contract.


You fucking brick-lover!