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Spotlight On: Shared Copyright [Jan. 16th, 2005|07:41 pm]
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I've finished the toning for Chapter 1 in "The Dreaming"! I stuck some samples up below, and comments. So right now, I'm supposed to be finishing up my series on Rear Palaces. Unfortunately, real life beckons, and I instead find myself posting up some important information on shared copyright.

Discussing Shared Copyright
A few days ago, a mild furor was caused on the Pseudome Message Board, about alledged unethical handling of manga creators by TokyoPop. The origins of that thread came from this blog, as well as this article and many industry veterens have had something to say about it.

I work for TokyoPop, but I won't confirm or deny anything; rather, I would like to use the opportunity to discuss the 'pros' and 'cons' of shared copyright, something that TokyoPop allegedly puts into its contract. This is important, because there are alot of people out there who don't know what shared copyright is, what its limitations are, and how it would affect you in the long run if you're subject to one. For the topic, I've got 2 accounts of having shared copyright from the Pseudome boards, which I've placed here for people to compare. Some of these accounts have been paraphased - to get the original, please refer to the message board thread above.

IMPORTANT: Neither of these people are lawyers. They are knowledgeable in some copyright law, but if you have issues with copyright and contracts, you MUST seek the advice of a copyright lawyer. DO NOT take any of the accounts below for REAL legal counselling, as it is NOT the point of the authors for you to do so. This is meant only a showcase on viewpoints, and I won't take ANY responsibility for anyone who just believes they read here off-hand.

First Account
This account is by Rivkah of "Steady Beat", who (like me) is in a 3-book deal with TokyoPop. Rivkah was the co-owner of the book publisher "Rabid Press Inc", and has experience in printing and the publishing industry.

How is copyright divided up?
For the copyright on a visual or literary work, you can break it down into several SPECIFIC rights.

(1) the right to reproduce the copyrighted work in copies;
(2) the right to prepare derivative works based upon the copyrighted work;
(3) the right to distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) the right to perform the copyrighted work publicly; and
(5) the right to display the copyrighted work publicly.

When you negotiate a contract, you are negotiating which rights the publisher does and doesn't have to your work, and how much you get paid for the sale of these rights to said publisher. If you do not assign a specific right to the publisher, THEN THE RIGHT REMAINS WITH YOU, the original creator! You must SPECIFICALLY give away your rights in your contract in order to 'lose' them.

For every other right not mentioned in the contract, you still hold the rights to exercise them. Say the publisher isn't doing everything you want, and you want to advertise or promote your book or characters without going to the publisher for permission. As long as you haven't granted the publisher EXLUSIVE rights to marketing (which would fall under category (1) "right to reproduce in copies" or (5) "right to display work publicly" ) you are free to do so. If the publisher doesn't like HOW you go about doing so, they have little say in the matter.

Overall, a publisher's offer to share the copyright shows the publisher's willingness to market and promote your book while making sure it still stays YOURS. If they have no plan of promoting your book, then they have no reason to ask for a shared copyright as they gain nothing from doing so.

Sounds great, doesn't it?
Well, that depends. Assigning rights to your work can also fall under how your book is marketed and advertised. If you don't assign the right to the publisher to reproduce copies of your work, then technically they have to come to you for permission every time they want to run an ad with your characters in it or even if they want to hand out flyers at a convention that mention your original work.

That's where shared copyright comes in. When you share a copyright, your publisher has the right to utilize your work in ANY way without having to run to you for permission. The benefits? You don't have to give permission (meaning more contracts to negotiate!) to the publisher every time they find a new business opportunity or venture for your work. Having to grant permission for every little detail could potentially end up being very time consuming and detracting from your goal: to produce and sell more work.

Potentially Fatal Pitfalls
If you aren't careful, you could assign rights to the publisher without being paid for them (or in very small amounts). The biggest one in this is (2) the right to produce derivative works. This can be merchandising, spin-offs, movies, animated television shows, etc. Ways to avoid being ripped off is to make sure that EVERY instance of your rights is covered! Specific payouts for specific works (such as payouts on a motion picture) and a general clause of royalties paid to all derivative works NOT MENTIONED IN THE CONTRACT. I don't care if it's toilet paper or Kleenex with your characters on them, you should still be paid for them!

Second Account
This account is from Rikki Simons, the other half of Studio Tavicat, and has currently published "Shutterbox" with TokyoPop. Rikki and Tavisha are have been publishing their manga-influenced art for at least a decade, and are veterens of the US comics scene. Their other current works include "Reality Check" and "RankleChick"

Usually, when someone asks about the business of comics, I usually lie and reply, “I’m terrible at business” because I don’t want anyone to know my business and because I like for people to come to their own conclusions about what’s best for their property. But in this I must state the following: sharing your copyright with a publisher is a bad idea. It doesn’t work and it’s something I would never sign.

When you share a copyright with someone you are now a co-owner of that property and they have every right to make changes to the property. They have every right to not promote the property or to promote it in ways that you don’t like. When you sign an agreement with a corporation — a corporation that is is filled with a variety of individuals with a variety of motives and a variety of aesthetic sense — you need to protect your personal vision from corruption from individuals. Your contract is a guideline to the publisher that tells them what they can and can’t do to your person vision. I absolutely guarantee you, based on my years of experience in journalism, fashion publication, children’s literature, children’s television, and comics and manga, that if you sign an agreement where you share ownership of your personal vision with a corporation, someone someday is going to come along and do something to your vision that will embarrass you, make you angry, and put a chink in your career and ruin your reputation for quality. You may say, well that’s mad, why would they not promote my property or make products? Well, why would they? That may seem like a silly response but it happens all the time. Usually, it’s up to you as the creator of the work to suggest products to the publisher, and many times the creator has to find the potential licensers on their own time using their own contacts and resources. You may say, but this is Tokyopop! So? Tokyopop is a publisher just like every other publisher and they have their own motives and styles for every employee and every head of every department, just like every other publisher. In many ways they are an excellent publisher, but not everyone you deal with at any publisher has excellent ideas, and if you give those one or two individuals with terrible ideas at any publisher equal time on your property, your reputation for quality will be the first thing to suffer— and it’s your reputation for quality that gets you more offers from other companies in a variety of media in the future. It’s your reputation for quality that gets you more readers, because no amount of promotion for books gains readership faster than word-of-mouth by fans of the work. In books, just like in the movies, a huge promotion can get you that first weekend push from curious buyers, but it won't get them coming back and recommending your work if your vision is corrupted.

Now, what are some examples of why a shared copyright is damaging? Well, it’s all about making a bad deal, warping your idea into something it wasn’t intended to be, making something good ridiculous. A few personal anecdotes: when Realitry Check! was first published by Sirius Entertainment, Fox wanted to option an animation series. The deal was hideous and since Tavisha and I controlled the copyright completely, we were able to cancel it, despite protests. ShutterBox was almost sold to a producer who wanted to change the core concept from one of literate fantasy to one of “girl hanging out at the mall.” We own our copyright and were able to say no. But go beyond comics and you see how the Hollywood machine distorts other properties. Doom, a fun video game about demons attacking Mars is now being made into a movie about a plague that changes SWAT team fighters into zombies and it’s up to a guy in a wheelchair to save the day! I, Robot for God's sake, may as well now be called "I, Smith!" Back to comics: the creator of a certain comic book put out in the 80’s (I can’t give the name) shared his copyright with a fellow who is now, literally a street walking hobo, and he can’t continue work on his book because no one can find the partner to get permission. There are many, many, many cases like this throughout the comics, book, and movie world, and the only way that you as a creator can protect your personal vision is to secure your copyright. And get an entertainment lawyer to help you. Don't listen to message boards (Queenie: or blogs).

Unless, of course your personal vision and reputation means nothing to you then “thumbs up, kiddos.”

My Own Input
I don't have all that much legal expertise or experience, so I don't have much to add. I leave you to decide these 2 accounts and work out where you stand on the issue, but there something important that these 2 accounts don't cover. That is: What happens when your terms of contract is violated by your publisher, regardless of whether you have shared or full copyright? The reflex action for anyone asked this question, is litigation. But before we all jump onto our horses, I must say litigation is often only a last resort. Only when you have a great falling-out with your publisher will you consider litigation, and here is where it gets really, REALLY ugly.

The truth is, most artists are not killed by copyright negotiations in their contracts. They are killed by the revolving doors of the legal system, where the best way to win a case is to have alot of money and time on your hands. And when it's the big guy VS the little guy with alot of grey room to spare, it is usually the big guy who wins in the end. Not because the justice system isn't doing its job, but because litigation takes time and money and most people just can't be bothered if the financial stakes aren't enormous. And shared copyright is one of those grey areas where you can argue for years over whether the behaviour of the publisher is violating anything.

So, how does that answer the original question? Well, it doesn't really - what I want to point out is: the ugly-cynical-realist outlook on life will tell you that LAW does not offer all that great a safety net, and there are many ways to slip through the cracks. Don't put too much of your trust in the protection a contract supposedly offers, because there are many, many ways to jack the system, and there are many dirty dealings out there where the rich people exploit the less-rich people by bleeding them dry of money in legal quagmires.

All in all, I haven't said anything that people over 25 wouldn't know. So what I just said is aimed most at people who are teenagers and young adults, and still getting into the game. I don't mean to scare anybody or discourage them from signing contracts with companies - it's just offering a reality check in a time where people signing book deals seem to get younger and younger in age.

APPEAL: If there is anyone reading this who has good/bad stories to share with copyright and contract dealings, please add a comment. Your contribution will be greatly appreciated. However, please stay on topic - I reserve the right to delete posts that stray off-topic.
LinkReply

Comments:
[User Picture]From: [info]tigerade
2005-01-16 02:17 am (UTC)

pst!

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::whispers incognito:: That's spelled Simons. Not Simmons. (You ought to see the collection my uncle has of all the misspelled convention badges.)
HA!
But seriously-all that posted- its great info for anyone getting started. Its always good to do your own personal research as well and not just relay on what's told second hand.
The truth is out there!

Btw, really enjoying your "Block 6" webcomic. Very suspenseful and awesum character acting & interactions. Best of luck finishing "The Dreaming" w/ TP! I can't wait to see what that's all about now.

-Ade
[User Picture]From: [info]queeniechan
2005-01-16 04:51 am (UTC)

Re: pst!

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Oh my god! I'm so sorry! I copied your name off Shutterbox Volume 1, and it SAYS "Simons" - I don't the heck know what happened. >_< I'll fix it right away.

And ofcourse, the best thing to do is your own research. :) I have mandatory knowledge of copyright laws and a NEW lawyer ~_~, but I intend to take some spare time out to read up more on copyright law in the future.

Anyway, thanks for your comments on "Block 6"! ^o^ *rockets around the room* It's currently suspended because of "The Dreaming", but I hope to get back to it later on! And I hope "The Dreaming" turns out to be as riveting for you as Block 6 did! :D
[User Picture]From: [info]picselly
2005-01-16 01:04 pm (UTC)

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They look really good. ^^ And even if there's a lot of toning then your usual works, it doesn't make it look bad or anything at all.

And sorry, I don't have any opinions on that issue because... I don't really know much about it. ^^;
[User Picture]From: [info]lilrivkah
2005-01-16 05:22 pm (UTC)

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I like seeing both sides of the picture. Honestly, I'd rather keep my copyright to myself instead of sharing it, but it won't ruin your career if you can't and and the contract is worded well.

As for the law . . . nobody wants to pay court fees. ;_; However, most of the high profile cases I've read with copyright issues have nearly always sided with that of the original creator. US law tends to favor creators, though I know nothing about Australian law. And most cases . . . are settled OUT of court. Publishers generally don't want the negative backlash of screwing an artist/writer over. You can't publish your intent to sue if you've reached a settlement, but if you DO take it to court, that's when it goes public. Threats of public feedback make a wonderful tool.

I was trying to research actual cases of shared copyrights; cases that turned out beneficial and negative to the original creators. So far, I haven't really seen anything that has been an issue. The problems I've run across have been people giving away specific rights without compensation or ALL of their copyright, rather than shared.

I wish I could find more examples, but people don't necessarily publish their contracts on the web.

However, I did find another article that covers shared copyrights that was quite extensive and easy to read: http://www.rexx.com/%7ejaguar/copyright.html

And where to go if you feel your rights have been violated but can't afford a lawyer: http://www.cbldf.org/ It's devoted entirely to the comic industry! >_<


ps. I feel stupid saying this, but it's "Rabid Press Inc." There's another Rabid Press out there in the US, only discovered after we took the name. -_-;
[User Picture]From: [info]lilrivkah
2005-01-16 05:29 pm (UTC)

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I correct myself: http://www.cbldf.org/ is actually about protecting a comic creator's right to free speech. Still useful, but not quite what I was looking for. If I run across another site devoted to protecting COPYRIGHT, I'll post it here and the forums.
[User Picture]From: [info]queeniechan
2005-01-17 05:22 pm (UTC)

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Thanks for the links, Rivkah. :) I'll be checking them out. :D

And sorry abou the Rabid Press thing - I'll change it.
[User Picture]From: [info]ayvah
2005-01-16 05:43 pm (UTC)

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It's always a good idea to have a contract looked over by a copyright lawyer. Then you can discuss what rights you want to assert and negotiate with the publisher.
[User Picture]From: [info]divalea
2005-01-19 04:09 am (UTC)

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I was asked by Queenie to come and comment here.
The ins and outs of shared copyright were explained well.
I'm with Rikki on the question, however. I cannot say this strongly enough: shared copyright is a fool's game, and eventually it burns everyone who agrees to it.
It is in a creator's best interest to keep all copyright. There is no reason a publisher cannot successfully promote your work without part of the copyright, other than they may have more of an INTEREST in doing so. MAYBE. (Although, most of the time (but not always), counting on a publisher to promote one's work is another fool's game. If you want the PR, YOU do it. You find out what the publisher is doing, then you cover everything else you want done.)
Another good example or two of shared copyright and why it's bad for creators:
Example one: a writer, well known for an OGN published at one of the Big Two, makes a shared copyright deal with a smaller publisher. The smaller publisher is then able to turn around and make a deal for a TV series. The creator gets no input whatsoever into the sale or interpretation of his work. Moreover, when the show finally does air, his required-by-the-WGA credit as creator is nowhere to be found. Schwoooooooooo. He successfully sues, because the WGA rules are crystal clear, but the show is cancelled.

Example two: a well-known creator makes a deal that is functionally shared copyright. They find that they cannot sell copies of their own book at cons without the by-your-leave of the publisher. The publisher elects to not give that by-your-leave. The creator, who counted on con sales for income, is screwed.

Neither of the people in question should've made the damn deals to begin with, and, more telling, neither of them was young or inexperienced. Yet, both found themselves thoroughly screwed over.

Bonus example: I have always keep all rights to my own work. I have, a couple of times, made decisions based on sweet talk from publishers (no one I currently work for), decisions I felt uncomfortable with, but went along with. Every time I have strayed from the path of what felt right to me, I have been disappointed.

Regimes change at publishers. The people who make your deal may have no intention of exercising the more unpleasant-to-you options of selling your property from under you, or telling you you can't sell it at cons, but there may come along someone who does, or someone who says, "Won't them being at the same con as us selling the same book undercut OUR sales?"
Back to my bonus example: the decision I made, I made with someone who then left the publisher. The next person in the job knocked themselves out for a while, promoting my work--until I balked (as was my right!) at a promotion idea I felt undercut the value of my work. If I had not exercised that right, my work would have been subjected to a promotional stunt that would've severely diluted not only the value but also the message of the work.
Since I did balk (but not without providing alternatives), I lost all promotional help from the publisher. However, I was still about to promote my work myself, and eventually take my work elsewhere.

It's easy to say, "But it'd be so kewl if there was a TV show of my book," before there's a TV show of your book that looks nothing like your book, no credit for what made someone want the property to begin with, AND less money. Kewl is for fewls.

All creators owe themselves an education about their rights, have a moral right to keep ALL rights to their work. Part of being a creator IS handling those decisions about how the property is managed, or allowing those decisions to be made by a trusted associate. At the end of the day, a publisher will always act in its own best interests, as it must, and those will not always intersect with yours.

And that is all the time I have to devote to this. I have deadlines out the wazoo, and kids to get to school.
[User Picture]From: [info]bitpig
2005-01-19 11:50 am (UTC)

Share This

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I, too, was asked by Queenie to come and comment here. I agree with Rikki and Leah. Shared copyright is a scam. They'll tell you that it's so that they can promote your work without calling you over every flyer to get your permission. Balderdash. If they want to publish a promo piece with my comics on it, they can call me (I have a cell phone) and shoot me a JPG or fax for approval. The real reason they want a shared copyright is so that they can jerk the ownership of YOUR property out from under you if they manage to sell the rights to your property to some licensee for big bucks. Let's say you develop a manga called XYZ. You do a deal wth LA Manga Company Inc to publish your comics; in return, they share ownership of the PROPERTY (note: not the book itself — the intellectual property. Important difference!) and send you a couple of thousand bucks. You sign the deal. The next week, sales rep M of LA Manga goes over to Disney and pitches a live-action movie based upon XYZ . Since XYZ is totally cool and hard and cutting edge, it's an instant sell, and a few weeks later a big fat option check shows up in the mail at LA Manga. They send you a cut and you are happy. BUT WHAT YOU DON'T KNOW is that Joe Cokehead, Disney's hot young producer, has taken an interest in your project, and he wants changes. Instead of the story about fluffy bunnies in space that you originally wrote, Joe Cokehead thinks that the movie ought to center instead on super-hawt psychic teens (one of whom is black and wheelchair-bound) who use their powers to fight crime in the rain-swept streets of a high-tech, futuristic Columbus, Ohio. LA Manga is totally on board with this, but when you find out, you aren't. You call up LA Manga over and over to cmplain but nobody will talk to you. Finally you fly out to LA and storm into the editor's office. She has forgotten all about you and XYZ and shuffles you off to Marketing and LIcensing. Repeat this process three or more times. Finally, you end up staring across the desk at one of LA Manga's Armani-clad attorneys, who points out to you the part of the contract that says LA Manga has COMPLETE control over your property, You protest. She tells you to like it or lump it. You threaten to sue. She says to go ahead and has security remove you from the building. You go straight to an attorney, who for $1000 looks over the contract and tells you that you are the owner of the property but also that it doesn't matter; LA Manga has more money and more lawyers than you do, and that by the time all the appeals and investigations are through the property will be over and of no further value. He advises you to drop the matter and concentrate on getting a better deal next time.

Three months later XYZ: THE MOVIE comes out to rave reviews. It is a smash hit, the film of the year, and makes $54 million in net the first week of release. You get a check for 250,000 and a fond "farewell" from LA Manga. As you commute to your job selling XYZ: THE TOYS at Wal-Mart, you see Joe Cokehead and the owner of LA Manga on the cover of Entertanment Weekly. The headline: "Cokehead and LA Manga — The creative Geniuses behind XYZ!"

That in a nutshell is how shared copyright works.

No thanks.

It is in a creator's best interest to keep all copyright.
[User Picture]From: [info]divalea
2005-01-24 05:35 am (UTC)

Re: Share This

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"Lea". It's just three letters. The "h" resides in my last name, "Hernandez".
[User Picture]From: [info]queeniechan
2005-01-24 05:39 am (UTC)

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This in from "Manga Widow":

"Dear Ms. Queenie,

You know, I know people who work at companies who have been screwed over royally by other, larger companies in *direct* violation of their contracts. Contracts don't mean a damn if the names are big enough and the pockets are bottomless. In fact if the names are big enough, it might even hurt the little guys' chances for getting industry work ever again, because they'll have been associated with those irritating specks that were causing trouble before.

If you give a media company even a slight hint that running rampant with your creation might be okay...that's just ASKING for trouble."

Sounds almost like a warning. O-O
[User Picture]From: [info]divalea
2005-01-25 10:42 am (UTC)

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Manga Widow's right, actually. Even WITH contracts, people have been screwed over, or even squashed.