A frequent topic I have
written about on this blog involves media rights. Personally, I believe it to
be a valuable topic for creators to understand, and I doubt there will be a
time when I will not be writing about publishers’ various attempts to obtain
and exploit media rights. Previously, I have mostly discussed whether a
publisher should be granted the right to exploit a comic’s media rights. While weighing
whether or not to grant a publisher these rights, it is also important to understand
any additional compensation publishers and creators and creators can obtain in
these types of deals.
Recently,
there has been a flurry of announcements of comic books being optioned by film
studios. When I read these announcements, one of the key things I look for is who
is named as a executive producer or producer. The vast majority of these deals
tend to find the publisher, or some of the publisher’s “key” staff, listed as
executive producers. Creators are frequently absent from these positions.
Why is this important? Money and prestige. Often, executive
producers receive compensation, which can add up to being a decent amount of
money depending on the deal structure. Additionally, being listed as executive
producer on a successful film or TV series also raises the profile and prestige
of those involved. Personally, I believe comic book creators should receive no
less favorable treatment than the publisher or the publisher’s staff. The comic
book would not exist without the creators, and they should benefit as much as
possible from their creation. If creators do not receive these positions, then
they are receiving less money than they could, and they are being deprived of a
role that could open future opportunities.
Furthermore,
many publishing agreements that allow a publisher to seek these types of deals
exclude this money from being split with the creators. Often, these types of
deals will have the publisher and creators splitting the money received from an
option, and then the publisher using its position to obtain separate exec
producer deals. The creators might be given the ability to negotiate for a
separate deal, but the publisher often includes language that prevents them
from using the leverage they need in order to obtain it—the creators cannot
scuttle the deal if they don’t receive a separate producer deal. It feels
exploitative to me that any type of “creator-owned” publisher would use their
position to obtain positions and fees based on the creators’ work and not it
share with them.
As I have stated numerous times, I believe a publishing agreement,
particularly one that is supposed to be for a “creator-owned” work, should only
cover publishing rights—that is, the right to publish your comic. If a
publisher wants anything to do with a comic’s media rights, it should be via a
separate deal. If a publisher obtains the right to exploit the media rights, I believe
the publisher and the creator should be treated equally, and the creator should
have ultimate say in the disposition of the media rights. Unfortunately, these
types of arrangements seem far too rare and, based on what I’ve been seeing
lately, decreasing.
Be wary of any publishing deal that grants a publisher
the right to exploit your media rights without additional (or any)
compensation, gives the publisher the right to grant your media rights to
others without your consent, and does not obligate the publisher to treat the
creators with the same respect and positions as it gives its staff.
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