It is no surprise that, with the Supreme Court considering listening to law suits brought by the heirs of Superman creators Jerry Siegel and Joe Shuster as well as legendary Marvel creator, Jack Kirby in an epic battle over creators rights, DC Comics is attempting to preemptively save face by offering a new “Participation Plan.”
Their timely effort is boorishly intended to make them look good in the public’s eye pending any fallout from a potential legal hell-storm that has already attracted support from every creative guild in Hollywood.
Their new “incentive” (as Marvel calls it) will share with creators net profits generated across all distribution networks including digital sales. As an added PR bonus, colorists will be included in the profit sharing for the first time, following Marvel’s lead.
Everything looks rosy!
Depending on who you believe…
Chuck Dixon, Steve Bisette
For every creator, like Chuck Dixon who has had nothing but a positive experience regarding how DC reports shared revenue there is a disgruntled one like Steve Bisette who feels that he is treated like a second class citizen.
As outsiders, who are we to judge? Contracts are and should be private agreements and presumably they are negotiable and often different for each creator. History, however, has proven that these agreements, no matter how good they may seem or are intended, can often be subject to reinterpretation and malignment on favor of the corporation. Just ask Alan Moore who’s great Watchmen deal went sour fast.
Gerry Conway
Gentleman Gerry Conway has a very polite perspective on policing DC’s approach to participation packages that should raise an eyebrow or two. Imagine that in this day and age, DC admittedly cannot track the use of all its properties and accurately pay out without the support of its aging creators, many of which are far from tech savvy. So they say. Yet, in a heartbeat, they can shut down a sculpture of a dead boy wearing a Superman shirt in Canada before bowing to social media outrage.
The bottom line is that DC is part of a huge entertainment company that specializes in cooking books when it comes to sharing revenue. This is not an indictment of Warner Brothers but of the practices of Hollywood accounting in general.
Anyone that has ever signed on to a royalty arrangement will tell you that, unless you are willing to march into the accounts payable office with an expensive auditor by your side, your relationship with the company paying you is one of blind faith.
DC is playing with magical mystery money when they tell a creator that they will combine net profits from all channels of distribution. These numbers are tabulated over a period of months and are calculated by an algorithm that would make Sheldon Cooper’s head spin! Most comic creators are just not equipped to challenge their word and are willing to accept what they get or be prepared to move on.
Alan Brennert and Barbara Kean, co-created with Dick Giordano
Combine this mystery math with vague language that can arbitrarily define characters as “derivitive” and suddenly there are creators like Alan Brennert campaigning for a moral victory over a $45 payout that is hardly worth a legal battle let alone sitting on hold for a half hour waiting for the problem to be addressed.
This is why contracts are important. Spell details out in black-and-white to eliminate the questions, provide all the answers and provide proof of the agreement.
Wait for it…
Now, DC says all transactions and agreements will be digital only!
Kiss that paper trail goodbye!
Can anybody say Comixology?
“I’m sorry, your digital contract was somehow erased from our server but don’t worry we will reinstate you with our current (and less favorable) Participation Plan. Any questions?”
Time to look for an Indy Publisher comic creators. At least you will own your work.
Making Comics Because We Want to,
Gerry Giovinco
