Most creators have difficulty with this themselves. There are a couple of reasons. One, we like to think we can trust who we’re doing business with. The problem with this is we can’t. A corporation is a legal entity that removes any legal responsibility away from individual human beings. And two, we can’t make heads or tails out of all the legal mumbo-jumbo.

Attorney Stu Rees helped me negotiate my syndication contract. He knew the points that were important and made sure I understood what I was signing. There is no such thing as a perfect contract, and ultimately the creator is responsible for what he or she agrees to. But having a knowledgeable attorney sure helps.

Speaking of Stu, he is a Harvard Law grad who did his thesis on comic strip syndication contracts. He ultimately became The rep for negotiating with syndicates on cartoonists’ behalves and made a positive change in the industry. Comic books could use somebody like him, or maybe him himself.

Definitely DON’T use just any attorney. Even one who specializes in intellectual property rights might have trouble with the specialized field of comics. Stu has a website that has plenty of free legal advice, http://www.starvingartistslaw.com, which is a good place to start. I don’t know if Stu is still representing cartoonists or not, but couldn’t hurt to give him a call if Zuda gives you a call.

But if the comic does well, will *you* still be working on it? Or will the party who own and can enforce the trademark remove you from your comic? Change elements to make it funnier/sexier/scarier/more profitable? If it does poorly, and the trademark owner shuts it down, can you simply host it yourself? Is there a “sunset clause” on the trademark? All of these issues (and more) are ones I was completely unaware of, but many people keep pointing these things out for the uninitiated. And for that I’m grateful.

If you know these are the risks you’re taking, and you still don’t like the results, at least you went into these deals informed. Far too many people see the shiny lights, and are blinded by their own ambitions. But if they want to have an idea of what legally binding agreements they are entering, the information is out there.

Brian Wood’s in this thread here, and he knows about ‘trading something’ for a paycheck. But you know what he’s traded? His time and his effort, not his intellectual property. CHANNEL ZERO, COUS COUS, FIGHT FOR TOMORROW, POUNDED, DMZ, etc. is all his (and his collaborators’) and not the publishers.

Scott Kurtz doesn’t assume everyone’s going to make it any more than I do. Some people, regardless of time or talent or even promotion will never crack the public consciousness, that’s the way it goes. His point is about dignity, and it’s a good one.
If you think you need Zuda for a “start”, what you really need is to grow a pair and put your work out there.

- Chris

“The “problem” is do you want control of your property or don’t you?”

This seems to me the sticking point about Zuda. Everyone is talking about control. Kurtz, for one, seems to be under the impression that *everyone* can make a living doing webcomics and quit their day jobs and live their dreams. Bullshit. Zuda offers a chance of exposure — what kind of exposure? Enough that people are blogging all about the damn thing and it hasn’t even launched! So just imagine how many eyes will fix on your work, should it be featured, once the site *does* launch.

Joe Quesada harps that Zuda will take away creator’s rights (even though I have to wonder if even top-flight writers like Bendis own anything they write for Avengers and Spider-Man) and what’s the point when anyone can make their own webcomic… oh, unless of course they want to get PAID?

Why do we keep glossing over that issue? Who wants to work 40 hours a week at a crappy day job and come home at night to squeeze out their webcomic? Who wouldn’t rather get paid for it?

Damn near every artist starts off as a corporate monkey and works his/her way up (ideally) to creative and financial independence. But you’ve got to trade something for that paycheck.

Neil Gaiman’s revamp of DC’s Sandman character was practically an invention from the ground-up — but he doesn’t own the character or, really, anything he wrote for the series that made his name. But do you think he regrets writing Sandman for Vertigo for 10 years? Betcha he doesn’t.

Alan Moore can bitch and moan about how DC stole his creations all he wants, but the fact is Watchmen and V for Vendetta made his name and enabled him the financial independence he enjoys presently to pursue such projects as Lost Girls. Without that start, he wouldn’t be where he is today.

That’s all Zuda offers: a start.

Sorry I came off a little aggressive there, I was referring to the “Flavor of the Week” thing. I’m glad your time with DC is working out for you (and dozens of other creators, obviously).

I don’t presume unethical behaviour so much as I extract from an overall track record. DC has their best interests in mind, and sometimes that coincides with a creators’ and sometimes it doesn’t. I post about stuff like this as much so that creators (and aspiring ones) don’t “feel” screwed by their contracts anymore than they actually are “screwed”. We’re in agreement that education about contracts and ownership is important, and I like to think my attitude is more in line with taking a defensive driving course than entering a war zone; Smart and Cautious rather than Combatitive.

Anyway, thanks for commenting here, you’re welcome any time.

I really just wanted to post the Delano thing. And I’m not pissed…? Not sure where that came from, or the “trendy” thing, or the “writing you off” thing. DC/Minx/Zuda does get a lot of online “press” these days, not just from you. It’s out there, and I really did not mean to single you out, up thread. The Delano thing is fresh in my mind having explored the reversion process with Fight For Tomorrow, and those are great books.

b

Pushing for creators to be aware of what they’re signing away is not a flavour-of-the-month thing for me, anymore than it was a few months back with PROJECT ROOFTOP or over the past few years with Tokyopop’s abysmal contracts. You read the blog and you know that. I know the reasons you’re pissed, you think this kind of talk makes it sound like anyone who signs with DC doesn’t know what they’re doing. It’s just the opposite–it’s about knowing what you’re doing and hearing the cautionary tales so you can make an informed choice. Because DC? They’re not exactly stepping up to the plate to tell you this stuff, and they have no reason to do so either.

DC’s got enough money to make sure that their message is out there. The rest of us who may disagree with that message, we’ve got blogs and message boards and precious-few other resources. I personally haven’t posted any misinformation. What I have is a different point of view, and one I don’t particularly appreciate being written off as ‘trendy’.

- Christopher

b

As for standard in the book publishing industry, again, I disagree with you because there are all kinds of rights-reversion clauses out there that can be built into contracts other than “we’ll give it back when we feel like it”. Harper Collins in particular, since you mentioned them, is ammenable to discussions on the subject as far as I’m aware. Besides that, contracts can be set for a number of printings, a number of years, etc.

This is not the only way in which the unwary can be taken advantage of, I agree with that, but it certainly is an obvious (and easily-illustrated one). Unless the reader doesn’t particularly care if the publisher, in your eyes, degrades your work considerably through shitty movies and action figures as long as the royalty cheques keep rolling in.

To each their own, I suppose.

I assume he’s still getting paid royalites for every copy sold, so what’s the problem? If he had signed a contract with Harper-Collins instead of DC the same thing would of happened.

I’m all for creator rights but this really is the standard in the Book Publishing industry. Your alternative to signing a publishing contract with this clause in it is to never get published.

I’m sure DC will screw them the creators over in other ways, but I don’t think this is one them.