Work-For-Hire Contracts Need To Be Re-Evaluated

Above is the very first contract I ever received for a comic book penciling assignment. It’s my first DC Comics contract. It’s my first professional contract. My first, period. It also explains why I prevailed against Archie Comics during my legal battle with them. I really kept the receipts all these many years.

The reason I’m showing this is to make clear there is a paragraph (7) in the contract stipulating a minimum payment per page for any reprinting of the the work. This contract was standard issue for all work DC commissioned during the 1980’s, and it’s also the reason a lot of the work from that era has yet to be reprinted.

I’m not sure what arrangement DC worked out with Scott Shaw! regarding the reprinting of his CAPTAIN CARROT issues in a collected format, but I know they weren’t reprinting it until they resolved the issue of the page rate. At a minimum, Scott would’ve received a check for at least $10,240K when his work was collected in a SHOWCASE black & white format trade paperback. And that’s just Scott. There were other creators involved as well. We’re also talking about reprinting one series. DC published many more at the time. And sales today aren’t what they were back then.

By 1990, the contracts were adjusted. Any title that sold above 40K copies on the direct market generated royalties. A book had to sell over 70K copies on the newsstand before creators saw any royalties. I only saw 1 royalty check as a result of sales on STAR TREK: THE NEXT GENERATION issue 17 reaching those benchmarks.

But I’m not here to complain about that. The contract I’m showing doesn’t talk about royalties generated from sales figures, only what I’ll receive if the work is reprinted.

What interests me here is the part about DC authorizing the reprinting of the work as defined in Paragraph 7.

The reason I’m focusing on this is I know for a fact a LOT of comic book freelancers – some of whom I personally know – who worked on licensed titles during the 1980s and 90s are now seeing that work collected in deluxe hardcover and trade paperback editions, and they’re not receiving a dime, despite the promise of reprint money or royalties in the contracts they signed.

In recent years, IDW has reprinted work I did for DC Comics licensed TSR line – ADVANCED DUNGEONS & DRAGONS, FORGOTTEN REALMS – and DC Comics STAR TREK THE NEXT GENERATION series in trade paperback format. On top of that, the STAR TREK work I did has also been reprinted in hardcover editions by Eaglemoss & IDW and God only knows who else has published the work in what format over the past couple of decades.

STAR TREK inker Arne Starr and others attempted to get the royalties promised by DC paid, so they first approached IDW, who said for them to take the matter up with Paramount. Paramount, in turn, told the creators to take up the matter with DC Comics. When they contacted DC Comics, they told the creators they needed to talk to Paramount as they haven’t published the TREK title in decades. Had I been among them, I would’ve asked what was the mechanism for DC to transfer any negatives or digital files or any material used for reprinting the work to Paramount? Doesn’t that constitute authorization? Just asking.

But this is just STAR TREK. I’ve had work reprinted in the DC COMICS WHO’S WHO OMNIBUS as well as the KULL THE SAVAGE OMNIBUS by Marvel. I hadn’t received even a token check (nor do I suspect did other creators involved) or a comp copy of either book. My credit isn’t even listed for the KULL story I inked collected in the omnibus.

There has been so much reprinting of old material from the 60’s, 70’s & 80’s as well as other eras, but the only ones profiting are the publishers despite promises made in writing to the creators in exchange for their rights.

Dark Horse has published STAR WARS, CONAN and so many other series from back in the day that originated with other publishers. IDW has published reprint collections BEST OF DAN DeCARLO and BEST OF STAN GOLDBERG, yet neither the estate of Dan DeCarlo or Stan Goldberg (who was alive at the time of its release) saw a dime from these projects either.

Stan had just been unceremoniously released by Archie Comics after having worked 40-something years for them when he told me the circumstances surrounding Archie letting him go as well as IDW reprinting his work, which he had extreme feelings about. On the one hand, Stan was proud to see his work collected in such a manner, something he couldn’t have imagined previously. On the flip side, having a book of one’s collected work on the bookshelf may be prestigious, but it doesn’t support one in retirement if one isn’t getting paid for the work. Archie wasn’t issuing a pension check after all those years of service as they had gotten out of Stan what they wanted and had no problem cutting him loose.

(Stan and I discussed a great many many things, but that’s for another time.)

I could go on about the various titles collected by various publishers who didn’t originally commission the work in the first place, but the main point I’m trying to make here is whether one is dealing with Comic Book Publishers or Studio Executives, both are always going to be crying poverty to the creators – whether writers, artists, actors, whatever – while continuing to profit off the work of those creators as they ignore agreements entered into with them.

I myself get asked often by various parties why don’t I go after a SONIC THE HEDGEHOG assignment or work on one of the various STAR TREK titles published by IDW, and my response is always the same. Until they pay me for my work already reprinted as well as issue an agreement that guarantees royalties based on sales figures, I’d just as soon not deal with people who have no problem screwing creators over.

At least the WGA and SAG-AFTRA are unions with lawyers to protect their members. Comic book people aren’t so lucky and are thrown to the wolves immediately. But they all share this: none of the creators are looking for mega-millions. If they work on a project where they do hit the jackpot, great. But the most any of these people expect is the ability to put a roof over their heads, groceries on the table, new clothes now and then, decent transportation, the kids through school (those that have them) and maybe – just maybe – a night out every now and then. That’s a reasonable expectation of one’s paycheck over the long haul.

The increase in prices isn’t just the result of problems in the supply chain, but a reaction to supply and demand, with businesses no longer hesitant to squeeze whatever dollars they can from the general public.

One doesn’t see a Comic Book Publisher or a Studio Executive worry about their next meal or where they’re going to live. Their biggest concern is how long they get to enjoy the gravy train at the expense of those working for them. And when it’s over, there’s still the Golden Parachute, whether they truly earned it or not. It’s in the contract.

While their contracts get honored, how about honoring the agreements entered into, yet broken time after time? I don’t want to hear how the publishers and studio execs are the ones assuming the risks anymore.

The creators are tired of being the ones assuming the risk without being properly compensated.