I’ve been a long time supporter of the No-Spec movement and their web site ever since my illustration teacher at CCA told me about their site years ago.  He instilled in me the value of valuing your own work and never accepting anything for “exposure”. Incidentally, he created the Dreamworks logo - not one job ever came from it. How’s THAT for the theory of exposure?

Anyway, I had a question I’ve been asking people left and right but nobody seems to give me a definitive answer.  I asked No-Spec and they referred me to this forum.  I should have come here first; I actually signed the StopWorkForHire petition a few weeks ago.

Anyway my question is actually a two-parter: Is it OK to do work in which the concept already exists and the characters are owned by someone else? I’m aware of the work-for-hire practices in the comics industry. This particular case is slightly different only in that the CONCEPT has already been worked out; all I’m being asked to do is provide the pencils, inks, and color. If I choose to take this job, what rights should I - or can I - insist upon?

Now for the second part: I believe it is always preferable to create your own comics and thus retain full ownership of your work.  But if I do desire work in the comics industry as an artist, is it then OK as an illustrator to accept work-for-hire agreements?

Thanks in advance,
Ed

First, you will have to send your former teacher a big thank you for us.  And, second, thank you for stopping by PAL and SWFH and spreading your support around our little soap box on the web.

Question #1
The general answer is:  It’s OK to work with anyone as long as you are comfortable with the terms of the agreement.  Our advice is simple: read the contract or NDA you were given thoroughly and look for clauses that limit your ownership of the work you produce.  Due to the fact you will be working with an existing comic character, you would be wise to assume restrictions will be placed on your work.

Get your agreements on paper, get all contracts signed, and if you want additional assurance the contract is valid, have a lawyer approve the document. Every state has different laws governing contracts, so we cannot give you any advice how to deal with the laws in your state.

The safest approach is the most direct:  Ask what rights this client will reserve beyond the obvious. What rights of ownership / participation will you be granted?  Will you be acknowledged as “illustrator” or “artist”?  Will you be allowed to use the work to promote yourself?

Question #2
WFH was designed to limit the rights of participants in big, collaborative projects. Due to it’s nature, comic books may qualify for WFH as specified in the US Copyright Act.  It’s safe to assume you will be butting heads with WFH throughout your career.  Therefore, only you will be able to decide whether or not a contract is worth signing. 

The only advice we can give you here is in the form of a question:  What good will it do for your career to participate in a project that restricts or denies or invalidates your participation? 

Additional Considerations
Potential movie rights, licensing, royalties, and merchandising.  The bottom line is you would be very wise to consult with a lawyer experienced with negotiating comic book contracts before signing anything. Get legal referrals from other comic book artists and consider hiring an Art Rep to handle negotiations.

Best of luck and stop back to let us know how things went.

Paul, Editor