Imagine you’re
sitting at home one day, making comics and minding your own business. You are
working at a steady pace and you plan on finishing long before your publisher’s
deadline. All of a sudden, the sky goes dark, the wind begins to howl and the
lights go out. A couple days later you have no power, no water, no heat and there
is a tree in your living room. On top of all that, you missed your deadline and
your publisher is claiming you breached the contract. Now what?
The answer to that
question depends on the force majure or “act of God” clause in your contract. If
the language is written well, you shouldn’t have a problem. If the language is
written poorly (or doesn’t appear at all) you might have to deal with a
business dispute at the worst possible time.
What does it mean? Basically, a force majure clause extends the period of performance for the artist
and the publisher if certain events occur. Most force majure clauses
include events like fire, natural disaster, accidents, act of government, war,
terrorism, industry wide shortages or any other event beyond your control and that
directly impact you. For example, if you live on the East Coast, Hurricane
Sandy probably qualifies as a force majure. If you live in Seattle, it probably
doesn’t because you are not directly impacted. Keep in mind that a hangover is
not a force majure, even if it does feel like an act of God when you are
recovering. Getting the hangover wasn’t beyond your control, so force majure can’t
save you here.
What do you have to do? When a force majure event occurs, you
usually have to notify the publisher of the event’s impact on you and then
follow whatever terms are specified in the force majure clause. Terms can range
from an extension of time to cancellation of the agreement. While it is impossible to anticipate every potential
force majure event and write a solution into the contract, it is better to have
some guidelines in place that work for both sides, instead of waiting until
your basement is full of water and the National Guard comes rolling in.
Often, a publisher or
colleague will understand your situation during a crisis and won’t try to use it
as a way to avoid paying you or to get out of your contract. However, it is
always prudent to make sure there is a good force majure clause in your
contract when you sign it. You never know when the lights could go out and you
never know when your relationship with your publisher could fall apart.
Best
Gamal Hennessy, Esq.
PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL
ADVICE. IF YOU HAVE A LICENSEING OR INTELLECTUAL PROPERTY ISSUE, DISCUSS IT
WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.comFOR A FREE
CONSULTATION.