Are Independent Comics Worth Making If Marvel Stops Publishing?

by Gamal Hennessy

An aspiring creator sent me this direct message on LinkedIn in the wake of the Marvel SXSW panel:

Q: I just read that DC and Marvel might be shutting down their comic book lines and cease all publications. In your opinion, what does that mean for the indie folks? Is it worth doing comics?

The rumor wasn't surprising. Variations on the same story pop up on the internet from time to time as part of the persistent “comics are doomed” rumor.

The denial from Joe Quesada isn't surprising. Neither is the refusal of some websites to accept that denial. Websites need traffic, after all.

The creator's first question also made sense to me. When Waldenbooks disappeared, authors wonder how the book market would change. The same thing happened to people in the music industry when major record stores like Tower and Virgin shut down.

The analogy between Marvel and independent creators isn’t the same as the relationship of authors and musicians to their former distribution outlets, but the broad idea is similar. Seismic changes in any entertainment industry will have a ripple effect on everyone from the biggest players to the struggling artist.

But it was the second question that threw me off. It’s grounded in the idea that The Big Two are synonymous with the comic book industry. So if one of them (or both of them) stop publishing comics, then independent comics aren’t worth publishing. As if the creativity, inspiration and passion of thousands of creators might become irrelevant if new issues of Spider-Man and X-Men stopped coming out.

Yes, the Big Two account for the vast majority of monthly sales in America. Outside of the comic book business, their characters and stories define what a comic book is. If they stopped publishing, distributors like Diamond and retailers in the direct market would have to rapidly adjust if they were going to survive.

But that has nothing to do with independent comics as a worthwhile endeavor.

This was my response to the young man. Please let me know if you agree:

A: I highly doubt Marvel is shutting down it's publishing business, but if you want to publish your own comics, then it doesn't matter if Marvel shuts down or not.

You'll still have stories to tell. There will still be people who want to read the type of story you're telling. There will still be ways to get your story to your readers and get paid for it.

If Marvel stops publishing, the industry will go through a major change, but you should keep publishing your comics either way.

Have fun

Gamal

If you have questions about the business or legal aspects of your comic book publishing and you'd like a free consultation, please contact me and we can set something up that fits in with your schedule.

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

Fighting the Demons of Independent Comics Publishing

Publishing your own comics, like any type of independent creative endeavor, can be an exciting journey of achievement. It can also be a descent into poor health, isolation, and financial stress. Creators who can balance the love for their book with their long term well being have a better chance of enjoying the experience. 

Jessica Bruder wrote a thoughtful piece in Inc. Magazine called "The Psychological Price of Entrepreneurship." While publishing an independent comic isn't the same as launching a Fortune 500 company, there are simple lessons in this post creators can learn like:

• Make time for friends and family

• Ask for help if depression or hopelessness sets in

• Take care of your body (sleep, exercise, etc.)

• Don't bankrupt yourself to make your book

• Don't define yourself only by your book

Publishing independent comics can feel like being a superhero with a secret identity. Both your passion project and your alter ego need to be protected. Neglecting either one can create an imbalance that destroys both.

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

The Politics of Making Comics

Comics, like other forms of popular art, have always been influenced by the political climate of the period they are created in. From the mythical stories of Kirby ready to face down nazi sympathizers who threatened him for his work in Captain America, to Seduction of the Innocent and the subsequent congressional hearings, to Comicsgate, politics have always been a part of making comics.

            Against that backdrop, the termination of Chuck Wendig last week is disturbing, but not surprising. I’ve written about the contractual tools parties can use to dictate the private activities of their business partners in earlier posts (See Avoiding the Trump Effect in Your Creative Contracts) and even a company like Marvel, who has been the target of Comicsgate because of their diversity efforts (See Is Diversity Killing Marvel Comics) can feel the reactionary pressure to pull away from an artist they see as too controversial for their IP. The deeper question is what kind of impact this move will have on comic book artists in the future.

            Will this create a chilling effect on emerging artists who rely on the Big Two as their main source of income?  Will it push away established artist who cherish their right to be vocal about their beliefs outside of their professional work? Will fans of fired artists drift away from publishers? Will aggressive elements on any side of a political issue see this as a signal to force more creators to be harassed, censored, or fired?

            What do you think the Wendig fallout will be, and how will it affect the way you make and read comics?

Have fun.

Gamal

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

You Need Two Teams to Publish a Successful Comic

By Gamal Hennessy

I’m in the process of writing a book about the business and legal aspects of making independent comics (See Your Career in Comics). As the book develops, I plan to share parts of it here for your reaction and feedback.

About a month ago, I began the process by asking why you want to make comics in the first place (See What Are You Trying to Do?). Now I’d like to look at who you need to have on your team to have a successful publishing program.

One Book, Two Teams

Independent comic creators often put a lot of time and effort into building the team for their books. They reach out to friends in their circles who make comics. They visit artist’s alley in conventions, pour over Deviant Art pages, explore the overseas options, and ask for referrals on social media. Sometimes, it takes years for them to find the right artists for their project.

But too many creators start their book with only half a team.

If comics are a form of commercial art, then the development of the art requires both business and creative support. Focusing on only one side limits the potential of the project.

The Creative Team

            This side of the equation is basic to the creation of any comic. As with plays, films, and television shows, one or more individuals come together to turn a vision into a reality. Some roles overlap, but the common structure of a comic book creative team includes:

1. The writer who creates the overall plot of the book and the script in both the caption boxes and the character dialogue.

2. The artist creates the fundamental images on each page. They may also create the basic character designs, settings, logos and the cover for the overall book

3. The inker enhances the images created by the artist, altering the tone and weight of the story by emphasizing some visual aspects over others.

4. The letterer inserts all the words in the book including dialogue, captions and “sound effects” in a way that guides the reader’s eye in a natural progression from one image to another.

5. The flatter prepares the inked images for the colorist to enhance the color rendering process.

6. The colorist adds moods, energy, and texture to the images to give them more impact to the eye

7. The editor oversees the entire process to ensure that the best possible finished product is created on time and under budget.

The Business Team

The creative side of comics is intense and time-consuming, but it is only part of the process. Professional comic creators publish books with one of the goals being the creation of profit. Without someone (and more often several people) running the business side of things, even the best comics will not sell. The elements of the business team vary from book to book, but every book needs to answer these questions as part of the process:

1. Accounting: Who is collecting the money? Who is paying the bills?

2. Advertising: Who is in charge of informing the public about the book?

3. Distribution: Who is handling the relationships with Diamond and the direct market shops for the print book? Who is in charge of managing the online distribution on the website, Comixology, and the emerging distribution channels?

4. Legal: Who is protecting the intellectual property of the book? Who is handling the internal and external contract negotiations?

5. Management: Who is in charge of the overall creative and financial success of the book?

6. Marketing: Who is in charge of creating the website, maintaining the social media presence, running the crowdfunding campaign, and handling the interactions with the comic book press,

7. Printing: Who is in charge of managing the printing process? (If the book is being printed)

8. Sales: Who is in charge of using the book to generate money?

Juggling Jobs

Every independent comic does not have fifteen people working on it. Some established publishing companies don’t have fifteen people working on the books. Creating independent comics is a startup experience. It means members of the creative team often take roles in the business team. It can mean members of the business team can fulfill multiple roles within that team. It also means that some jobs will not be done, or they won’t be done with the same time and attention as if someone only worked on that piece of the project. Some creators decide to give up some of their rights and sign up with creator-driven publishers like Image or AfterShock to take advantage of their pre-existing business teams.

As a comic creator, you have the power to decide which aspects of the process will and won’t get done. This power works better when you make conscious decisions at the outset of the project. It does you no good to spend two years making a book to sell and then realizing no one is prepared to sell it or collect the money.

The Cost of Teamwork

No matter how you decide to divide the tasks of publishing your comic, everyone who works on the book is going to have to be compensated at some point. Very few people are willing to work for free, even on something they love, so part of independent publishing is finding a way to pay everyone involved.

There are several different compensation methods available depending on the level of participation of each person, your resources, and the short and long-term interests of everyone involved. Increased involvement often includes increased compensation. Different compensation can be mixed and matched to give each person both a short and long-term stake in the project. Just don’t give away more than you have.

Compensation methods include:

1. Upfront payment

2. Revenue sharing based on units sold, ad revenue generated, sponsorships, etc.

3. Ownership interests in the underlying property

4. Credit on the underlying work

Better Odds

When creating a comic, the chances of success are greater if all jobs are assigned, everyone agrees on the terms, and the schedules for production, marketing, sales, and payment are established before making the book. All this preparation does not guarantee a hit book. The Big Two have dozens of people involved in each book and some of them still fail. But publishing comics involves a lot of individual tasks to make the machine run. If some tasks don’t get done on the business or creative side, then the machine breaks down fast.

Next month I’ll talk about creating a term sheet for the members of your team and the relationship between the term sheet and the contract.

Have fun with your comic...

Gamal  

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

Your Career in Comics: What Are You Trying to Do?

By Gamal Hennessy

I’m in the process of writing a book about the business and legal aspects of making independent comics (See Your Career in Comics). As the book develops, I plan to share parts of it here for your reaction and feedback.

Since this is the first post, I’m going to start with an existential question:

Why do you want to make comics?

Before you start thinking about drawing, sales or social media, it is important to figure out exactly what you’re trying to accomplish and why. Making comics, like any artistic or business endeavor, involves substantial sacrifice and investment. If you’re going to make comics a part of your life beyond the Wednesday ritual of picking up your pull box, it makes sense to take a step back and look at the big picture.

To answer this question, I suggest you take yourself out for a cup of coffee or a cocktail (if you’re old enough, of course) and figure out the answers to the following questions. Keep in mind that the answers can and will change over time, so don’t be afraid to revisit these questions as your circumstances and the industry changes.

Goals (or What Do You Want to Do in Comics?): “I want to make comics” is a start, but there are different aspects to the industry, and figuring out where you want to be will help you make decisions on which opportunities to pursue and which ones to avoid. Maybe you want to make your own books and sell them at cons. Maybe you want to work for the Big Two. Maybe you want to be the next Stan Lee or Todd McFarlane. Maybe you want it all. You can have any goals you want. The purpose of goals isn’t to limit you. They just guide you on your path.

Reasons (or Why Do You Want a Career in Comics?): It’s one thing to know what you want to do. Knowing why is a different type of insight. Are you doing this because you have a story to tell, because you want to be a part of the comics community, or because you want more money than Tony Stark?

Like your goals, your reasons are personal. They don’t have to define you, but keeping them in mind can motivate you to overcome the inevitable setbacks and pitfalls. You can have any reason or motivation you want for getting into comics. There are opportunities for artistry, creativity, and profit at almost every level of the industry, but at the end of the day, a love of the art form will keep you going.  

Plan (or How Are You Going to Get into Comics?) After you understand your goals and your reasons for wanting those goals, you need to develop a plan to help you get from where you are to where you want to go. As you follow along with this blog and hopefully read my book, you can begin to figure out which path you want to adopt for your own purposes and take the appropriate steps.

Of course, no plan survives contact with reality. The industry is in a state of constant flux. The impact of changing trends will often be outside of your control. You’re going to need to modify your plan to adapt to new conditions, so the plan you make might not be the path you ultimately take. But you have to start somewhere and making your own comic is a good place to begin, no matter where you ultimately want to go.

Resources (or What Do You Have to Offer the Industry?) The secret to success in the comics business involves making consistent ritual sacrifices on the altar of the industry. What you get from comics is based in large part on what you put in. Your offering might be a creative vision, artistic skill, a network of eager professionals, or an investment of time and finances. In many cases, the creators who came before you had to offer all these things and more. Now is the time to figure out what you bring to the table and what you need to find in the community to make your goals real.

Milestones (or How Will You Track the Progress of Your Plan?) No one goes to sleep wanting a career in comics and wakes up where they want to be. Your development as a creator will grow in stages. You get to determine what those stages are and to a large extent, in what order you want them to happen. You can start with putting your first team together, getting your first issue online, or any other basis that’s right for you. You can decide whether your goals are books created, copies sold, or views on your website. Milestones give your goals concrete structure you can use to measure your efforts.

Motivation (or What Gets You Started and Keeps You Going?) Despite the view from the outside, the art and business of comics are not easy. It can be a long road from your initial inspiration to holding your book in your hands and the road isn’t a straight line. There will be obstacles and pressures to stop. This isn’t just true in comics. It’s true in life.

Even if you get your vision into the world, success (whatever your definition of it is) may not come quickly. It is not hyperbole to say some creators did not live long enough to see the characters they created become a fixture in mainstream culture.

So what is it about your comic that’s going to bring you back to the project month after month and year after year? What is going to pick you up when life knocks you down? What drives you might be very personal or it could be the universal desire for fame and fortune.

Yes, they’re movies, merchandise, and money to be made. Yes, comics are one of the driving forces in 21st-century pop culture. But the comics business is not a get rich quick industry. For every Walking Dead, there are thousands of other titles that lose money or never get off the ground. If you don’t love comics, it might not make sense to spend the time and effort of getting into the business.

In the next installment of Your Career in Comics, I plan to talk about the framework for an independent comics company and break down the process into manageable parts. If you’d like to read more about the business and legal aspects of making comics, like my Facebook page or sign up for my free newsletter.

Have fun with your comic...

Gamal  

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

Unnatural Talent: A Book Review

by Gamal Hennessy

I’m in the process of writing a book about different careers in the comic book industry (See Your Four Careers in Comics) so I’m reading a lot of books related to the comics profession. While there are a lot of books about how to create comics and how to self-publish them, few of them are as broad or as thorough as Jason Brubaker’s Unnatural Talent.

Brubaker is the creator of several books including ReMind, Phobos, and Sithrah. Unnatural Talent is the distillation of advice and lessons he learned while creating these books. The book walks a new comics creator through several steps of the modern self-publishing process including

• Creating and completing a comic
• Negotiating social media
• Finding a fan base
• Crowd funding
• Dealing with the technical issues of printing
• Getting your book into comic shops and libraries
• Creating both primary and secondary streams of revenue

When reading Unnatural Talent, you need to keep in mind that Brubaker’s process involves doing almost every aspect of production, sales, and marketing on his own. While this approach removes the obstacles of collaboration and work for hire deals, it also makes the process much longer, especially if there are creative/ and or technical skills you don’t have. He also focuses on finding an audience among current comic fans. The book was released in 2013, but since the overall amount of comic book readers is allegedly shrinking, an aspiring creator should also consider finding a new audience while they fight for market share in a dwindling universe of readers.

Unnatural Talent is a beneficial addition to the library of any comic creator. It explores the art and business of comics in a manner that is accessible, informative and realistic. It’s available on both Amazon and Audible.

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.

What Kind of Contracts Do You Need for Your Comic?

By Gamal Hennessy, Esq

Independent comic book creators in the 21st century understand the importance of protecting their work with contracts. Some see the explosion of comics in the mass media and hope their story can make it to the screen someday. Others have heard the horror stories of artists and writers losing major projects because they didn’t have a contract or they signed the wrong deal. Creators don’t need to be told why they need a contract.

But when it comes to what kind of contract they need for a particular situation, the answers aren’t as clear. I specialize in writing and reviewing contracts for comic creators, so I know what’s required in different situations. To help comic creators on all levels get more confidence with the legal aspect of the industry, I’ve developed packages of custom contracts to help protect their IP and get their books published.

The Three (or Four) Comic Contract Packages

I normally have three types of clients:

1. The new creator who is creating their first book or the first book in a new series
2. The independent publisher who has plans to release books on an ongoing basis
3. The artist pursuing a creator driven deal with an established publisher

I created a collection of contracts to match the needs of each type of client.

• The Comic Creator Package for the singular series or first time creator includes

1. A Collaboration Agreement to define the relationship among everyone who owns a piece of the book.
2. A Work for Hire Agreement for everyone who is getting a page rate but doesn’t own a piece of the book
3. Copyright filing of the Comic with the US Copyright Office to memorialize your ownership

• The Independent Publisher Package for the ongoing creative team includes

1. Corporate formation for your company including an operating agreement and EIN number management (See the Benefits of Forming an LLC for Your Comic)
2. A Collaboration Agreement
3. A Work for Hire Agreement
4. Copyright filing of the Comic

• The Creator Driven Comic Package for the artist licensing their book to an established publisher

1. Corporate formation including Operating Agreement and EIN Number Management
2. A Collaboration Agreement
3. A Publishing Agreement* defining the relationship between you and your publisher
4. Copyright filing of the Comic

* If your Publisher has their own contract and refuses to use yours (See Negotiating Power in Creative Contracts), I’ll review their contract for you and breakdown every paragraph so you understand every aspect of the deal.

No matter what kind of comic book creator you are, you need to protect your story, characters and the potential income that your creativity represents. If you’d like to contact to discuss the needs of your specific project, just send me an email and we can set something up.

Have fun.

G

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.

Get Your Comic Book Career Handbook for Free

The world of comics is chaotic, complex, and on a certain level, crazy. Few other industries transform fantasies and nightmares into a profitable business. Like many fans, you have probably imagined yourself working in the industry at one time or another. Many of us are insane enough to pursue our passion as a profession.

I’m offering something writing a book to help make your journey a little easier. It’s called Your Four Careers in Comics: A Business and Legal Framework for Professional Comic Creator (which I’m calling YFCC for short). My goal is to explore the various aspects of each position to help you maximize your professional creativity. With luck, this framework, combined with your talent and determination, will lead you to a fulfilling career in the complex world of comics.

YFCC is currently scheduled for release in Summer 2018, but I’m offering the roadmap for that book to everyone who signs up for my comic book industry newsletter The Professional Comics Creator. Sign up now and learn more about the different aspects of the comic book industry and how you can fit into it.

PLEASE NOTE: NEITHER THIS BLOG NOR FOUR CAREERS IN COMICS ARE A 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.