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

Filtering by Category: Aspiring Artists

Four Tips for Writing Your Comic

Added on by Gamal Hennessy.

By Gamal Hennessy

Being a comic writer has more in common with being a screenwriter than a novelist or a playwright. There needs to be a visual aspect to the writing and a certain willingness to surrender your story to another artist and trust them to deliver the finished product to the public.

There have been more than a few books about writing for comics, like Alan Moore's Writing for Comics, Words for Pictures and others listed in my recent post on comic creation books. Rachel Gluckstern recently distilled her own version of the comic writing craft into four handy tips to help get you on the same page as your artist so you can create your masterpiece.

Just remember to have a contract in place for every book you write. You don't want your masterpiece to make someone else rich.

Click Here to Read So You Want to Write a Comic Book

Have Fun.

Gamal Hennessy

Success in the comics industry requires an understanding of the business, creative, and legal aspects of the medium.

Sign up for The Professional Comics Creator to get monthly e-mail news, tips and advice on how to get the most from your characters and stories.

 

My Podcast Interview with Comics Pros and Cons

Added on by Gamal Hennessy.

by Gamal Hennessy

Comics Pros and Cons is a podcast hosted by Derek Becker about the craft and creativity of comics. While most of his guests have been comics creators, he decided to bring me on to talk about the business and legal aspects of the industry. 

Our conversation covered a lot of ground, including a discussion of:

  • Copyrights and trademarks
  • The four types of comic book professional
  • The fan art controversy
  • When comics creators need to have a contract

We had a lot of fun recording the podcast and the topics will be of interest to anyone interested in the comic book industry. Feel free to click on the link below and subscribe to Comics Pros and Cons while you're there.

Gamal Hennessy interview with Comics Pros and Cons

Have fun.

GH

What is a Contract and Why Do Artists Need Them?

Added on by Gamal Hennessy.

If you’re a professional freelance artist, you already have a lot to worry about.

Do you need to concern yourself with contracts too?  

In a world of instant transactions and online business, do you really need to spend time and money on a piece of paper no one wants to read and few people understand?

And what is a contract anyway?

What’s the point of it?

When do you need to have one?

The first episode of my video series will touch on all these questions, and then talk about what could happen if you don’t have the right contracts for your work. 

Do We Have Too Much Comics Based Entertainment?

Added on by Gamal Hennessy.

by Gamal Hennessy

Last week had two milestones in comics based transmedia entertainment. Batman v Superman broke records for both highest opening film in the genre and fastest decline in weekend revenues. Along with crossovers from the Flash and Supergirl TV series, the recent success of Deadpool, Daredevil and Gotham, as well as the much anticipated Civil War, Suicide Squad and Doctor Strange films later this year and the industry appears to be firing on all cylinders.   

But not everyone sees a bright future for the art form. Some critics from the Washington Post contend that the revenue cycle of the latest Batman film is a sign that the genre is running out of creative and financial appeal. Is this accurate? Where does it end for this style of entertainment, and what does this new world mean for the creators of this work?

The Reality TV Connection

Consider the recent past, before the current “golden age” of television with Game of Thrones, Mad Men and Breaking Bad where unscripted or “reality” TV dominated the pop culture landscape. It began with experimental shows like MTV’s Real World and then expanded into things like Road Rules. A few years later, shows like Survivor, the Bachelor and American Idol became prime time staples.

That prompted a flood of reality programming. The category got so big it had to develop subgenres to create differentiation. They had makeover shows, celebrity shows, and competition shows. Every network felt the need to jump into the category. Networks like the History Channel and Food Network created shows having little or nothing to do with the channel’s original purpose. The phenomenon became so big MTV itself morphed into a reality TV network. For all intents and purposes it abandoned music videos altogether.

But at a certain point, it was all too much. The industry couldn’t absorb another Real Housewives or singing competition show. The genre shrunk to a handful of shows that gets smaller every year.

The Tail That Wags the Dog

Now consider the evolution of comics based entertainment over the past twenty five years. The success of films like Batman in 1989, Spider-Man in 2002 and the Avengers franchise in 2013 have made this genre of film one of the most financially successful categories in the history of movies. (See IMDB Highest Grossing Films of All Time). When you add the success of TV series like Smallville and Arrow to the equation, not to mention animated series like TMNTBatman, Justice League and X-Men and you have a content avalanche that’s only gaining momentum. We’ve reached the point now where some universities are devoting college classes just to the comic book movie phenomenon (See New College Course for the Marvel Universe). The industry has come a long way from the sad days of films like Howard the Duck and Spawn.

More or Less

But how far can this momentum take us? Is there a connection between the fall of reality TV and the coming implosion of transmedia in comics? Consider this:

  • Unlike reality TV, it will take more than a box office flop (or even a series of flops) to stop it. Green LanternPunisher and Ghost Rider taught us that.
  • It won’t come from a lack of “A List” actors or characters. Iron Man wasn’t a household name before RDJ got to it and no one knew who Guardians were before last year.
  • It’s not just a game for Marvel and DC, since Wanted, Sin City, Kick Ass and Walking Dead have shown independents can take their titles to the screen too.

So maybe the question isn’t ‘Will this genre collapse?’ There might be an opportunity for comic based transmedia to expand instead of contract.

Will comic film and television get their own awards category at some point? Which network will abandon its original mandate and become a comic entertainment channel? The questions seemed silly ten years ago. Now it doesn’t seem so farfetched. In the world of comic entertainment, comics are becoming the bottom priority, not the top (See Making Comics Isn’t Really about Comics Anymore)

Forward Thinking

What does all this mean for aspiring writers and artists? I think there are three takeaways anyone in the industry should keep in mind as they build their careers:

  1. Opportunities beyond traditional comics are continuing to grow not just in terms of TV and film, but in the areas of video games, streaming video and other forms of entertainment
  2. While the chances of translating any given property into a mainstream market release is still rare, it is essential for creators to know and protect the rights they have in the comics they create
  3. The amount of quality entertainment coming into the marketplace can raise the bar across the industry and drive innovation in art and story quality.

We might be living in the golden age of transmedia entertainment, but it will take creative expansion and prudent business choices to keep the momentum going.

Have fun.

Gamal

PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE A LICENSING OR INTELLECTUAL PROPERTY ISSUE, DISCUSS IT WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.

How a Lawyer Beat Darth Vader

Added on by Gamal Hennessy.

By Gamal Hennessy

Star Wars is one of the most well-known franchises in modern entertainment. Return of the Jedi holds a special place in the mythology of the Jedi saga. But the film that gave us Darth Vader’s last moment of redemption is also the film that continues to disappoint at least one actor.

Several news sites reported on a recent interview with David Prowse, the actor inside the Darth Vader suit for Return. According to letters received from Lucasfilm to Mr. Prowse, Return of the Jedi has never made enough money to trigger a net royalty payment for his performance. In spite of the film making more than five hundred and seventy million dollars in the box office since its initial release over thirty years ago, Mr. Prowse, and actors like him, are not in a position to get paid beyond their initial salary for the project.

Gross vs Net

While the story is notable for the popularity of the character and the prestige of the film, the elements of it are fairly common in contracts of all types, not just entertainment related ones. The difference between gross and net in the calculation of revenues can be the difference between being paid indefinitely and not being paid at all.

A while back, I wrote a piece about the difference between gross and net payments in creative contracts (See Your Slice of the Pie: Part 1). I explained Gross revenue or gross profits as the pure income that a product or service generates while Net revenue or net profits is the income that a product or service generates minus certain expenses. Taking a very simple example, if you acted in a film and were promised a cut of the gross revenue, you’d get paid based on how much money the movie made. If you agree to take a cut of the net revenue, you get paid based on how much is left after all the expenses for the film are paid. If the expenses of the film are never paid off, then you never get any royalty, even if you are the most dread Sith in the galaxy.

Hollywood Accounting

The film industry is often blamed for manipulating accounting methods to avoid paying artists. The term “Hollywood accounting” refers to concepts like using net profits instead of gross to pay creatives and then extending expenses out forever to ensure a film never gets to a stage where royalties need to be paid. Hollywood might use these tactics in the most spectacular ways, but they are by no means the only entertainment industry with this practice. In fact, it is not just the entertainment industry. Any type of contract where payments are based on future earnings can be manipulated by the gross vs. net concept.

Eyes Wide Shut

People may mock actors like Mr. Prowse who agree to net profits, but these deals have to be considered in context to be understood. In many cases, a creative person is so eager to cash in on his big break that they agree to bad terms just to get the deal done (See You Signed the Contract, but Do You Know What It Says?). In other instances, an artist often doesn’t have the negotiating power to push for the best terms. (See David and Goliath in Contract Negotiations) Sometimes, an artist doesn’t have any legal advice when signing a contract. This often leads to situations far worse than Mr. Prowse (See Why Artists Need Lawyers)

One word or concept can make a world of difference to a contract. If you’re not trained to find it, not even The Force will be able to help you.

Sign up for the Creative Contract Newsletter to learn about the legal issues facing artists, writers and creative professionals everywhere. It's free, it's monthly and it can help protect your dreams.

PLEASE NOTE: THIS EMAIL 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.com FOR A FREE CONSULTATION.

Have fun.

Gamal

All for One and One for All: Artist Collaboration Agreements

Added on by Gamal Hennessy.

by Gamal Hennessy

Most of the contracts I deal with are between an artists and publishers. I take the publisher’s standard contract and explain it to the artist in language they can understand so they know what they are getting into, for better or worse. What clients don't normally ask me to do is create agreements between the artists working together on a project to define their relationship with each other. What they often don't realize is that this type of contract is just as important as the one between the artist and the publisher. Without this type of agreement an otherwise successful partnership can lead to misunderstandings, conflict and disputes down the road that can be just as costly as any disagreement with a publisher.

Keeping the band together

Certain creative endeavors like comics, movies, films and theater are normally created through a collective effort. While there are some creators who do everything, most projects are created by the continuing collaboration between the members of the group. In the same way that a band combines the talent of each instrument to make music, a creative team comes together to make other types of commercial art (even if they only come together in a cloud server that they upload the work to).

Just like a band or a movie crew; each member of the team should know what he or she is getting out of any deal that involves the property they work on. This might not be significant when you are selling a couple hundred books a year on your website and losing money on the cost of production. This becomes a huge issue when a property is picked up for a film, TV show, video game or merchandise deal. It helps to have all the issues squared away before Hollywood starts calling. If you wait too long, anger, resentment and actual litigation could tear the team apart just when things start to take off.  That is where the collaboration agreement comes in.

Putting the ducks in a row

A well drafted collaboration contract contains six elements:

  1. Who is responsible for creating each element of the property
  2. How is the copyright for the property going to be distributed between each creator
  3. How will the revenue be distributed between each creator
  4. Who has decision making authority for the property
  5. Who is the primary contact for the property
  6. What happens when someone leaves the creative team

While the contract can be overly complex with just these elements, the best ones address these issues without a large amount of legal gymnastics. At the same time the elements of a collaboration agreement should not conflict with the terms of any agreement with a third party publisher or licensee of the property. Your legal advisor can review both contracts to ensure there is harmony between them.

Other options

Of course, there are cases where only one or two of the artists on a project will actually own the copyright and the other participants may participate on a work for hire basis. Also there are some instances where the creative team actually forms a separate company to manage and exploit the property. In those cases, as with the collaboration agreement described here, a contract should be in place before any work is done to protect the rights of each artist in relation to each other as well as to a publisher.

Have fun.

Gamal


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 ATgamalhennessy@gmail.com FOR A FREE CONSULTATION.

A Framework for Creative Contract Negotation

Added on by Gamal Hennessy.

by Gamal Hennessy

Creative people just breaking into their field often see contracts as a necessary evil. At worst, they ignore it as much as possible, hoping the other side will treat them fairly. At best, they look at it as an obstacle to overcome, something they just have to get through with as much speed and as little pain as humanly possible (See Understanding Contract Law: Don’t Wait Until It’s Too Late). Budding creative professionals like this often lose legal control of the stories, characters and worlds they’ve created. They trade a potential source of revenue for a painful lesson in contract law (See Deal With the Devil: How Creators Get Their Rights Stolen).

Seasoned creative see contracts as an opportunity to turn their talent into profit. They might spend weeks or months negotiating a deal, hiring attorneys, accountants and other professionals to hammer out all the details. They learn from their peers and the people who came before them to figure out what to give up and what to ask for. They turn their characters into merchandise, their stories into books and film and their worlds into franchises.

One of the main differences between the new creator and the veteran is the tactics and framework they use to negotiate and close deals. Alex Furmansky recently published a piece in Inc. Magazine where he discussed seven concepts for contract negotiation (See: Don’t Sign Anything Without Knowing These Seven Contract Negotiation Tactics) including:

  1. Control the first draft
  2. Ask for the kitchen sink
  3. Keep the relationship healthy
  4. Make sure the other side can look good
  5. Deal with the decision maker
  6. Use an intermediary
  7. Learn everyone’s real motivations

This list isn’t specific to creative contracts, but it does offer some useful concepts we can use. The last five are key in any contract you do. Take the last tip as an example. If you’re negotiating a publishing contract with a comics company, but he insists on getting the film and merchandise rights, does he really want your book, or is he looking for a really cheap way to acquire properties to option to a studio? Taking some time to learn his motivations will help you figure out what’s really important.

In addition to Mr. Furmansky’s list, I’d like to offer three more items to round out the framework for your deals. I try to discuss this with each of my clients and most of them have found it to be helpful:

  1. Understand what you want from the deal: Not everyone wants the same thing from their contracts. Some people are looking for recognition to build their portfolio. Others want money up front. Some want back end participation. Many want creative control of the property. Some people want it all. The only way for you to know what you can and can’t agree to is to know what you want to walk away with when the deal gets signed. (See Losing Control and Loving It)
  2. Understand what each section of the contract means: The first couple pages of a deal often have the basic terms both sides have agreed to. They’re like the frosting on a cake. You need to make sure what’s under the frosting is actually cake and not a pile of manure. Contract language can be dense, circular and confusing, but that’s where the money and control are won and lost. The devil is in the details (actually, the lawyers are in the details here, but sometimes that’s the same thing) and you need to know what’s going on in the details. (See You Signed the Contract, But Do You Know What It Says?)
  3. Decide when you need to walk away: Not every deal is worth signing. If you have to give up everything just to close a deal, it might make sense to walk away. This can be a difficult proposition, especially when someone has worked for years to get their big break, but the creative industry is littered with artists who gave away their life’s work, watched it become a hit and get nothing in return. At least if you walk away from a bad deal, you still have the potential to shop property somewhere else. (See How to Reject a Bad Contract)

Taken together, these ten concepts can be a helpful guide for any contract you encounter. They won’t replace professional advice on contract drafting and negotiation, and they won’t guarantee you get the best deal, but you’ll be in a better position with these than if you just ignore it and hope the other side treats you fairly.

Have fun.

Gamal

If you want more tips and insights on creative contracts, sign up for the free Creator Contract Newsletter.

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.com FOR A FREE CONSULTATION.

Before You Sign on the Dotted Line.

Added on by Gamal Hennessy.

by Gamal Hennessy

When an artist, writer or other creative person gets a contract from a publishing or distribution company, it can be a confusing and stressful situation. Many artists work for years, dreaming of the day when a large company is ready to give them a contract, but very few of them understand the language in contracts and how that language will affect their ownership of their creation or the money they can make. This is the point where an artist needs professional advice from someone who understands how contracts are written.

This is the service that I provide. The main specialty of C3 is providing legal analysis of contracts for artists and creators. I break down and explain each paragraph of the contract in straightforward terms, so you can make an informed business decision on what conditions you can and can't agree to. This will give you the confidence you need to discuss the agreement with your potential business partner and sign a contract that protects your rights and puts you in a position to profit from your creativity now and in the future.

There is a long list of creators in music, publishing, television and film who signed away all the rights to their original work because they didn't understand the contracts they signed. The analysis I provide is designed to prevent that. Of course, there are many situations where the main goal of the artist is upfront payment or exposure. There are times when you might be willing to accept a deal that is not set up in your favor. But even in those cases, it is better to know what you are signing and how it will affect your rights and income going forward.

A C3 review will give you that.

If this is something you are interested in, please leave a comment below or contact me at gamalhennessy@gmail.com and we can set up a free call to discuss the specifics of your situation.

Best

Gamal

PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE A LICENSING OR INTELLECTUAL PROPERTY ISSUE, DISCUSS IT WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.

Opportunities and Obstacles

Added on by Gamal Hennessy.

by Gamal Hennessy 

I hope the weather is warm or at least warmer, where you live. I also hope your business prospects are warming up as well. Before the spring hits and productions of all types get under way, consider these three essays on the state of entertainment contracts. 

What the Valiant Movie Deal Means for Movies, Comics and You: Is the reported nine-figure development deal a desperate money grab or a new avenue for creative artists? 

Your Exclusive Engagement: Can you afford to put all your creative eggs in one basket?

The Cautionary Tale of A Wheel of Time: Franchises like Harry Potter, The Hobbit and Game of Thrones show the potential of bringing fantasy books to a wider audience, but what happens when a deal like that goes wrong?

Contact C3: If you have a contract you need reviewed or help protecting your art and your career, please contact C3 for a free consultation. 

PLEASE NOTE: THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE A LICENSING OR INTELLECTUAL PROPERTY ISSUE, DISCUSS IT WITH YOUR LEGAL ADVISOR OR CONTACT C3 AT gamalhennessy@gmail.com FOR A FREE CONSULTATION.

Have fun.

Gamal