As an illustrator I use all different styles. Recently, a lot of clients are requesting ‘comic book’ style illos.
I have always had this idea for a comic character and story in the back of my mind. Being in the ‘flow’, as it were, I sketched out my ‘hero’, supporting cast, etc and am quite pleased with the results. In addition I wrote a storyline to go along with it.
My problem is I don’t have the time or, frankly, the talent to draw an entire comic book. So I assumed the best thing to do would be to pitch it to the top comic companies. Knowing there are some published authors, etc on these boards, I thought I’d ask: How would I go about protecting my idea this way? Any good advice would be greatly appreciated.
Thanks in advance,
Steve
If you sell your characters to one of the “top comic companies” (i.e. Marvel or DC), they will want complete ownership. If you go to Image, you’ll retain ownership, but you would need to either write and draw the book yourself, or scrounge up your own writer and artist.
This is the kind of request for advice that is best placed in “IMHO,” so I’m moving it there.
Jill
Smaller publishers (Oni, for instance) might let you keep ownership, but again you’re probably going to be responsible for finding your own artists, at least until your character becomes popular.
–Cliffy
Protecting your idea from what? Are you afraid someone might steal it? That’s highly unlikely. I’ve been writing for over 20 years and know of no instance where an editor stole the work of an author. That’s primarily in science fiction, but the same forces are at work at comics – what possible benefit to they get from stealing it? If they want to publish it, isn’t it cheaper to just buy it from you than to risk a lawsuit? Especially since, as a newcomer, they’ll pay you lower rates than an established pro.
Also, ideas aren’t worth all that much (that should be obvious in comics, since the quality of a comic rises and falls over the course of the run even though the same basic idea for the character remains). Further, they’re not copyrightable in any case.
I’m also skeptical that a pitch before a comic company – small or large – is going to get you anywhere. They’re going to want a completed comic, and probably several, since they need to know you can put the book out on a regular schedule. From what I understand, comic book companies hire authors and artists; once they know your work, they might consider a pitch for a new comic from them. But it doesn’t seem likely they’re going to go with a brand new comic by a newcomer unless you can provide a year’s worth of first-class issues. I couldn’t imagine them going with an unknown who only has a few ideas and sketches available.
Most comics companies buy stories, at least for new books. If his idea really is good, he might have some success with one of the smaller publishers, but it is damned unlikley. As for protection, I think he meant how can he ensure that he keeps the rights to his work. Short answer (as Kat noted): he can’t. Unless of course he publishes it himself. In fact, most established comics writers say that’s the way to break into the field – publish your own thing independently, get noticed, work on a corporate character for a while to make your bones, and then you can use that political capital to do more with characters you’ve created. But be aware, if you sell a concept to Marvel or DC, they’ll own the concept, not you.
–Cliffy
P.S. It’s spelled copyright.
Hmmm…things seem to be ok here. No need for me to step in and explain anything. Comicbook lawyer Cliffy from my firm of TDave, Cliffy and watsonwil took care of things. We’re a boutique firm.
I think I can’t be a name partner since I’m not licensed yet (Oct. 29, knock on wood). 
–Cliffy
Eh. Dave’s not even an American…
IANAL but if you need a paralegal I can send you a resume…
Correct me if I’m wrong, but don’t copyright protections adhere at the creation of the work? warmgun can fill out the paperwork and file copies of his drawings and storylines and what-not and get a formal copyright but if he doesn’t he still owns the work in question. The big problem is proof. If he pitches his Captain Crablegs concept to Megadodo Comics Corp and they don’t buy it he still owns the concept and the character. If six months later Megadodo publishes Crableg Commando, they’ve potentially infringed his copyright, and then he has to prove that Crableg Commando was based on his work, that the company had seen his work, that the two concepts hadn’t arisen separately and simultaneously and what have you.
Or have I just completely demonstrated my utter lack of knowledge of intellectual property law?
Well, my information comes from a two-credit copyrights survey class I took, but you’re right as far as you go. The thing is, though, in practical terms, Marvel, DC, and most other comics companies as part of their standard contract require you to turn over the rights to your creations as a consequence of them buying the story.
–Cliffy
I gotta read a hornbook on Intell. Prop. I understand the basics, but I get so bogged down in specifics that I usually just swim in circles until Cliffy shows up.
Oh, no, wait - this is this where I post that my ex-boyfriend, a copyright and patent lawyer, wrote a comic book (yes, a comic book), The Trademark & Copyright Book, all about comic copyright and patent law. You can order it online through Westfield Comics as of now, but it’s a one-shot and might be harder to find as time goes on.
WELL worth the $2.95 investment. Michael knows everything about comics and copyright law.
Esprix
What is it with all the “I got a great idea, how do I protect myself from getting screwed without paying for a lawyer” questions?
There are two things an IP lawyer will give you: practical advice and legal advice.
Legal advice would be a lengthy dissertation on the fact that copyright covers “the expression of an idea” not the idea itself, and furthermore, there are things called “scenes a faire” (IP law seems to like French over Latin – it also contains “droit morale”) which in your case means “well, most comic books have similar ideas, so you’re going to have a hard time showing what ‘expression’ someone ripped off from you.” Then, for the remaining billable hours, how it is possible to establish a trademark in a comic character, as a “source of goods.”
Practical advice would be what you’ve already gotten above – DC or Marvel ain’t going to take a flyer on your character without owning full rights, 'cause if it is one of the few that takes off, you’re going to be asking them for some serious dough. And that ain’t a really sustainable business model. Just look what happen to the guy who created Superman, perhaps the most successful comic creation in recorded history…