Comic World News | Heaven Knows I’m Miserable Now
If you’re up on comics news, you likely know that DC Comics is set to launch a new line of comics aimed at girls, called “Minx.” Despite the myriad message board debates about various aspects of this launch—from the name of the line to the dearth of actual females involved in the effort—I really don’t care too much about the whole “Minx” thing one way or another. (Although I’m always glad to see new work coming out from the likes of Jim Rugg, Andi Watson, and fellow SCAD grad Ross Campbell.) SLG editor-in-chief, Jennifer de Guzman, though, addresses an aspect of the launch that I am very interested in, namely the “cherry picking” of indy talent by bigger comics companies (which has come up before). You can read her column on the subject via the link above.
My first thought is that, as someone with a background in music who then moved into the world of comics, (thus demonstrating my lack of practical thinking on a viable life’s pursuit not once, but twice) it has always struck me as odd that the concept of the “option,” a standard music practice, is not present in the comics business—or if it is, it’s at least certainly not prevalent.
The way this usually works in music, as I understand it based on my experience being signed to San Diego’s ill-fated PC Music label (original home of musical pest Jack Johnson), is that when an artist is signed to a label, indy or otherwise, the label buys the right to publish a set number of records by that artist—usually one–but also as part of the contract buys the exclusive right to if they so choose, purchase the rights to publish a set number of records after that initial one.
What this does is sets up a situation where a record label can invest in developing an artist, even if that means losing money on an initial record (or records), without fear that another company can just come along after the fact, cherry pick the artist, and capitalize on their (the initial record label’s) hard work and investment. That investment can be capitalized on instead by the initial record company in one of two ways: either take the option and record a second record by the band which presumably leverages the investment in the first to sell more units, or in the event that a bigger record company shows interest in the band and wants to sign them themselves, that company then has to buy the option(s) from the first company in order to have the right to do so.
It’s always seemed to me that this is a system that would work well with creator-owned indy comics, both for creators and companies. As with recording contracts, the number and terms of such options would be part of the contract negotiations of course, and a publisher might have to sweeten the pot a bit royalty-wise to get an option or options from an artist as part of the deal.. but I can’t imagine that this would be a system that would really be a huge barrier to signing new talent. In fact, I think it’d probably make things slightly easier for an artist trying to break into the comics business since the publisher would be more likely under such an arrangement to eventually recoup a profit by publishing an artist who’s an unknown quantity.
To pick an example cited in the article, it was Jim Rugg’s book Street Angel, published by Slave Labor Graphics, that lead directly to his current work with this Minx line. He was able to leverage that work to get better paying comics work—and why shouldn’t he? I know based on the number of copies sold that he likely didn’t make much from Street Angel in royalties. But it seems fair and logical that Slave Labor, the book’s publisher, should likewise be able to leverage this investment for their overall gain, since, like Rugg, they didn’t really make a whole lot of money from the book either. The artist made a heavy investment in time, and the publisher in both that and in money; it seems like they both should be able to reap some reward from that investment now and maybe a recording contract-style options system might move things that direction if implemented.
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Ben,
Optioning, or at least rights of first refusal in contracts, is something I definitely think independent publishers need to take a look at. Rights of first refusal give everyone a little more freedom, since we don’t want to get into situation where we have agreed to publish X numbers of books from an artist and then are obligated to publish something we don’t feel is up to standards in quality or saleability or whatever. I mentioned it to Dan not so long ago. It’s a way to give us more security while taking away as few of creators’ rights as possible.
-Jennifer
Oh, and Jim wasn’t the only one cherry-picked from the booth! Shelly Bond seemed to think our booth was her own personal orchard.
I do hesitate to endorse any idea that comes from the music business…a history that certainly rivals comics in terms of virtual slave labor (no slight on your publisher). However, after reading what you had to say…it is like a no brainier, an anvil falling on my head. Sign me up buddy-boy. The flaw in the theory I suspect with the exception of Marvel and DC (perhaps part of your point) is there would need to be substantial capital to start such a plan right, which of course would mean include signing you and me, along with a few other fellow SCAD graduates.
Author
A music biz-like options system I think is a more viable model for indy comics, as opposed to a right of first refusal. To continue on with the Jim Rugg example, a right of first refusal (as I understand it) would have given SLG the right to match Minx’s offer to Rugg… which, given the great differential between the two publishers, in terms of both money in the coffers and in terms of their ability to turn profit from a given project, probably wouldn’t make sense for SLG to do.
With an option, though, if Minx wanted to do a book with Jim, they’d have to purchase the option to do so from SLG.
The important difference here is that in the latter situation money is moving from the publishing house with the _greater_ capital and sales numbers to the publisher with less capital and sales.
Author
As far as not endorsing an idea that comes via the music business… I know it’s currently in vogue to evangelize about the while myspace/itunes, etc. music distribution method (as opposed to the traditional music biz “working for the man” method) but one thing the big music biz had going for it was creating a system where artists could grow and develop in the long term even if they lost money by the handful in the long-term. One way they were able to do this was via the options system, which helped guarantee that they didn’t lose the initial investment made in developing an artist into a financially sustainable entity precisely at the time they became such an entity.
Author
That’s supposed to be “where artists could grow and develop in the long term even if they lost money by the handful in the SHORT-term.”
Hmm. I guess I didn’t mean “right of first refusal.” What I’m looking for is “first look” rights, I think. I was an English major. Business terms elude me. :-)
I don’t see how “first look” rights will help either. I mean if “Street Angel” didn’t sell well for SLG, then odds are the next Jim Rugg book from SLG will not sell well either. Then both the artist and publisher lose more time and money. Take “Screwtooth” for example. The series has been cancelled because sales couldn’t support it. But what if that had been a MINX title? At least Black Olive could have made some money off of it and in turn could have given her “Outlook: Grim” work a higher profile or come back to do stuff for SLG now that she’s gained a bigger following.
So far I’m working on a “keepin’ it real” concept. Where creators remember their roots. If they have the opportunity to become a success in the industry, to keep in mind who helped them get there and try to give back to the comics community in some way. Go back and do some more work for the small publisher, now that they are a “name brand”. Invest in a project with the former publisher. Insisting that the big publisher places ads for the old indy work, in their new works. Having links on the creator’s website where fans can buy all of the old stuff as well as the new stuff.
Of course there’s no way to enforce that and it all boils down to things like, artistic integrity, a sense of honor and respect. Things that just don’t make sense on paper. It also presumes that the indy work is not “successful”. I think the real key lies somewhere in strengthening the independent system somehow. Of course I don’t know how. I just make arguments, I don’t come up with answers. Sheesh!
I am going to address my thoughts on all of this stuff in my Livejournal response to Chris, and later Ben’s, observations. I wanted to point out one thing here which is the Jim Rugg example.
Jim, I believe, is doing work-for-hire for DC/Vertigo/Minx/Whoever-the-fuck. I am not certain that either a first look, first refusal or option system would have applied in this case. I don’t think even I would be in support of a system that prevents someone taking a paying gig on a work-for-hire basis.
What it comes down to, though, is that creator ownership as a model for a publishing company is not finncially viable.
More on that later
Author
Yeah, that’s absolutely correct about work-for-hire stuff not really being affected–the music/comics comparison is an “apples and oranges” comparison in a lot of ways.