Comic Book Law – Introduction
Comic books have long been a staple of our pop culture. Characters like Superman and Wonder Woman, Spider-Man and Black Panther have been around longer than many people who will read this blog have been alive. Comics may have had a renaissance in recent years with the incredible popularity of the MCU (Marvel Cinematic Universe) and other big budget adaptations. However, the process of creating comic books has been enduring for countless decades.
The process of producing one single twenty-two or so page comic book may be more complicated than many know. It is typically a combination of multiple creatives’ skills and labour with diverse roles such as writing, penciling, colouring, inking, and lettering. That is not to mention the possibility of a printing, publishing and/or distribution deal on top of that. The intercrossing relationships among the various parties involved in the comic book production process can create a complex creative matrix of obligations, payments and royalties flowing in all directions. Most often, agreements will exist between these parties that help to clarify the legal obligations and relationships owing to one another. This blog will set out to introduce a few legal concepts and practices that apply to those in the comic book industry.
Rights and Ownership
Long before a comic book hits the stands of its local comic book shop, a comic book’s creators have a few important things to figure out. Firstly, what are the intellectual property rights. That is, who actually owns the book and the underlying concept(s) and who will be entitled to a share of the comic book’s revenue stream. This is a particularly important concept for comic books because artists (and sometimes writers too) will often rotate on and off different comic books and the team producing a comic book at any given time may not actually be the ones that created it and have underlying rights to it.
This is most obvious with big publishers like Marvel and DC where the publishers own all rights to the characters, stories and individual comics and the writers and artists producing one of their comic books have minimal, if any, rights to the comic books outside of their one-off fees and limited sources of royalties. However, this classic model is changing with publishers like Image where the creators retain full ownership and rights to the comic books they create.
This is why when you are starting out and creating a new comic book it is important to determine who owns and has rights to the underlying concept and possible future revenue. If there are multiple creatives involved in the comic book’s production, this is a conversation that should take place between all of them sooner rather than later. Figuring this out early on will help to prevent any issues later such as when a publisher becomes involved with printing and distribution.
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Writer-Artist Agreements
As mentioned, many times a story will first originate with a writer. Where a writer is not also the artist on the comic book, they will end up finding an artist for it. Whether it is a new artist or someone they have worked with before, the relationship between the writer and artist should be set out in full and agreed upon. While a formal written contract is not mandatory to establish terms and obligations, as with all areas of law, putting these types of agreements down in writing is always the best option for clarity and for preventing conflict down the line.
Comic Book Law – Writer-Artist Agreements
Ownership, Rights and Control
Who owns the comic book and the concept? Is it the writer who has only hired the artist for a one-off job, or are they co-creators and co-owners? Do all matters relating to the comic book need to be signed off on by both individuals or does the writer have final say on decisions? Creative approval over certain elements only?
Artist Fees
How is the artist to be compensated? Often there will be a page rate for penciling, inking, colouring and lettering. If there is a singular artist who completes all of these phases, they might be owed a rate for each or perhaps an overall page rate has been negotiated and agreed upon. Additionally, will the artist earn a percentage of royalties from future sales or other ventures such as option agreements and adaptations?
Exclusivity
Has the artist been hired on an exclusive or non-exclusive basis? This item asks whether the artist can complete other work or jobs at the same time they are contracted to this particular writer. Oftentimes, the term will be non-exclusive with a caveat that any outside work the artist takes on doesn’t interfere with or impede the quality, professionalism or timeliness owed under the writer’s agreement.
Termination and Dispute Resolution
As with all agreements, there should be provisions setting out how the relationship and/or agreement can be terminated and what happens upon termination. Can either party terminate the agreement with or without cause? Likely, if the writer terminates, they will be liable to pay any outstanding fees owing to the artist. Similarly, what happens if there is a dispute relating to the agreement? While not fun to discuss with a creative partner, these are important items to clarify up front to help prevent issues in the future.
Comic Book Law – Conclusion
Creating a comic book is a rewarding endeavor, especially when you have the opportunity to work with other talented creatives. However, because a new property is being created with a possibility for profit in the future, it is best to understand and set out your obligations and duties owning to one another to help with business planning as well as to prevent issues in the future.
For any questions you may have relating to comic book law and intellectual property matters, please give us a call, we would love to help.
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* This blog is for general informational purposes only and is not to be construed as legal advice. Please contact Edwards Creative Law or another lawyer, if you wish to apply these concepts to your specific circumstances.
