Of Books & Bailouts: “Backwards Way[s] of Operating…”
By srbissette on September 30th, 2008Posted In: News
Cover art: The recent Dark Horse Nexus hardcover reprint, fifth volume… (art © 2007, Steve Rude)
As I noted yesterday, Bob Heer recently wrote me about the upcoming DC/Vertigo Swamp Thing hardcover reprint volume (see yesterday’s post), saying, “It always amazes me how little comic book publishers involve creators in the reprints of their work, to the point that most of them seem to find out about the stuff only after it’s been publically announced, or even after it’s been released. Seems like a backwards way of operating.”
Truth to tell, it’s standard operating procedure in the industry, Bob; with the sole exception of the first Swamp Thing reprint paperbacks back in 1987, when DC had its edition and Warner Books had theirs, both with identical interior contents but different covers (using John Totleben’s sterling paintings in both cases), we’ve never been involved.
At least DC/Vertigo honors their contracts every time they reprint my and our work, without fail. I won’t go into the particulars of the current agreement, except to note by choice we see nothing up front (no advance), everything in royalties, which is how I’ve always wanted it and chose to go on the Swamp Thing reprint volumes since the late 1980s, and DC Comics, Inc. only recently (last year) formalized into our now standard agreement.
…reprinting my only Nexus artwork, this cover to Nexus #29. Nexus is © and TM Mike Baron and Steve Rude, artwork © Stephen R. Bissette, unless the First Comics folks have paperwork proving otherwise.
That’s more than I can say for almost every other reprinting of my work. Dark Horse has habitually reprinted work without payment, reprinted the botched first-ever-DH Godzilla material I had a hand in sans any reprint fee or comp copies, ever, and in a multitude of formats over the years; my early efforts to reconcile this resulted in nothing. Nor did Dave Dorman and I ever see a dime for the various reprintings (save for the paperback edition, first printing) of our work on Aliens: Tribes novella package; again, ongoing attempts to negotiate and reconcile were fruitless. Both were work-for-hire jobs, and despite Mike Richardson’s claims to the contrary, Dark Horse proved to me in spades how thankless work-for-hire terms can be, especially on licensed properties and whatever contract was signed. The proof’s in the pudding, and this pudding has been pretty rank.
I long ago gave up on Dark Horse in this regard, placing them beneath DC Comics in my experience with the US comics industry, despite their fan reputation for “taking care” of creators. They “took care” of me, all right.
More recently, the only two pieces of work I ever did for long-defunct First Comics, Inc. back in the 1980s surfaced in reprint editions, sans notification, payment, or comp copies. One of these, no surprise, was a Dark Horse volume; it’s a single piece of art, my cover painting for Nexus #29, done for Rick Veitch’s guest-penciller issue. Neither Rick nor I was ever notified. [Note: Correction to earlier post: Rick did eventually get a $200 payment out of DH for his story reprint in the $50 hardcover, and one comp copy; "took a while and it ain't much, but at least they ponied up something (along with a comp copy of the book)." That's better than where this was at last time he and I spoke about the situation; this revision is posted after receiving a clarification email from Rick later on 9/30.] I never received a comp copy, payment, or the courtesy of a “thank you.” While I’m generally supportive of the venture, as it seems to have played a part in Mike Baron and Steve Rude having regained rights to their property Nexus, nothing excuses the shoddy treatment of those of us who collaborated once upon a time, however minor the contribution to the larger body of work.
IDW joins the Dark Horse game: Repackaged First Comics material, yielding Munden’s Bar reprint edition, sans anything for the creators; cover © 2007 Skip Williamson, unless that’s been signed away or taken, too.
More recently, IDW’s Munden’s Bar reprint edition in paperback was the same ol’ song: no prior notice, reprinting sans notification/payment/comp copy or copies my sole collaboration with John Ostrander and the late, great Del Close on the second-ever “Munden’s Bar” story, “D.T.s”. It’s a story I’m still proud of; I wish I could endorse and recommend you pick up this book, but it’s my understanding not one of the creators in this volume (save cover artist Skip Williamson) has been paid a nickel.
Given the crap treatment thus far, it’s my hope to simply negotiate the right to reprint the material in a future anthology of my own work as a form of compensation. If that comes to pass, I, at least, will see to it Ostrander and Close’s heirs are paid for my respective reprinting, which as far as I know is more than either has received thus far for this volume. Of course, I’ve probably queered that possible deal with this post, but seeing as all I have to show thus far for this transaction is the receipt for the considerable sums spent acquiring all these reprint volumes, I’ve nothing more to lose, really.
Apparently, these volumes are being packaged by a third party representing the First Comics estate, who reportedly indemnify Dark Horse and IDW and whoever else publishes First material against creator’s claims to the material. I established initial contact with the packagers a month or so ago, which has up to now been fruitless: “Gee, this does suck for you” sums up the substance and tenor of the email exchanges. Business as usual in the US comics industry. I’m working on excavating the original First Comics contracts, if they ever existed (First played fast and loose with contracts in the 1980s, which is part of why I did so little work for them), and intend to pursue this to some satisfaction, however meager.
As noted, though, it’s business as usual in the American comics industry.
Bob continued, “I was just looking at the original printing of the Swamp Thing book (which might be the first collected comic book reprint I bought, certainly among the first five), and despite some flaws that cover and design seem much better than what I expect from the new book. Hope they’re keeping the Ramsey Campbell foreward and Alan Moore introduction, with those great spot illustrations (are those Totleben solo?).”
Yes, those were John’s solo creations, and on the rest, I’ve no idea, Bob; again, we’re not consulted on these matters, and haven’t been since that original 1987 Swamp Thing collection. Even back then, save for John’s covers (the one pictured here being the previously unpublished Totleben painting, originally painted for and sold at Mid-Ohio Con to raise donation funds for the American Cancer Society, a story in and of itself), our input was minimal.
Offers to create intermediary pages (to offset the clumsy juxtaposition of pinup art to offset interruptions created by ad pages in the comic book first editions), character design model sheets, etc. were refused by DC even back then, resulting in the ongoing problem in all reprint editions and the occasional need in the early 1990s to field phone calls with artists asking about our anatomical design on Swamp Thing (nobody’s cared since then). I’ll also note, for Totleben fans, if you really want to see the art at it’s best, the original printings on newsprint are still the closest to John’s inks, and all-inclusive of John’s occasional use of overlays and surprints (linework printed in color only) for special effects. It all suffers in every reprint edition, which are shot from photostats which inherently degenerate John’s precision and oft delicate line work.
Pictured here is one of the covers of the UK Titan reprint editions, which featured much better line repro of John’s exquisite inks than any of the DC editions. We’re not sure why, and have never heard an adequate explanation.
For these Titan editions, none of us earned a red cent; they were foreign edition reprints, so no reprint fees or royalties were paid. This was tough especially on UK citizen Alan Moore, to whom they were hardly ‘foreign editions’ and which constantly put Alan in the clumsy position of refusing to sign them at the few remaining British con appearances he made after Titan put them out. That ceased to be a problem when he ceased to make convention appearances.
I, at least, was paid a pittance by Titan for writing two or three introductions for the later volumes, at Titan’s request. At the time, I deliberated over this ethical dilemma until all three partners in the work (Moore, Totleben, and Veitch) said to me, via various phone and face-to-face conversations, “Do it, Steve; at least one of us will be paid something, and the behind-the-scenes stories will be told,” so I wrote ‘em, though it was an uncomfortable gig, writing for reprints of our work we’d never see payment for. I’ll be reprinting those introductions in a future book series of my comics-related writings (the copyrights to those essays remain my property), so that material will at least see print again.
But that’s all water long under the bridge — as I said, DC, at least, has honored and in many ways bettered the original agreements and contracts, and for that I’m forever thankful. We are paid, quarterly, for the ongoing reprint editions of our Swamp Thing work, and also receive quarterly payments for our roles in co-creating John Constantine (which, in the end, has been far more lucrative). Thus, DC/Vertigo is the only extant comics publisher to have honored its respective work-for-hire contracts of yore — but I at least am never notified in advance about anything concerning this body of work.
I hear it through the grapevine, which is appropriate enough in the realm of Swamp Thing.
_______________
Somebody get John McCain a grapevine, please.
Handily, Reaganites like McCain fail to recall the 1987 Stock Market plunge that resulted from Reagan’s failed policies, but let’s not go there today.
McCain invites analysis of his voting record with this part of the testy conversation:
MCCAIN: I’ve received every award from every major veteran’s organization in America. I received every organization in America their awards. … The reason why I have a perfect voting record from organizations like the Veterans of Foreign Wars, the American Legion and all the other veterans service organizations is because of my support of them.
VETERAN: You do not have a perfect voting record by the DAV and the VFW. That’s where these votes were recorded. These votes were proposals by your colleagues in the Senate to increase health care of the VA in 2003, 4, 5, and 6 for troops returning from Iraq and Afghanistan. And you voted against those proposals.
MCCAIN: I’ve been endorsed in every election by every veterans organization that do that, I’ve been supported by them, and I’ve received their highest awards from all of those organizations. So I guess they don’t know something you know.
Well, that’s easily checked, isn’t it?
McCain again proffered this claim during the Friday night debate, so I did a little online research afterwards:
Then again, what’s this all been about over the past two weeks?
We, and our children, and our children’s children, are so screwed…









The section on the reprint royalties is very interesting. I have been reading a lot of similar stories lately. I find it amazing that this is an industry wide practice and for the most part the consumers of these collected editions have no idea what is going on. I know that I own several of the Supreme trades from Checker and most of the Swamp Thing books you mentioned. I don’t know if any of them would have been in my collection if I had known about the non-existent royalties and poor reproduction ahead of time.
The bill was killed, in large part, by House members of both parties in competitive districts. I was always ambivalent about the thing myself…
It’s no wonder you and Alan Moore walked away from mainstream comics.
I’m sorry to hear that some publishers that pay lip-service to “creator rights” aren’t any better than the old guard whenever they can find a loophole to exploit. Good to hear that DC at least honours the financial end of their deals, although I still think they’d come up with a better product in the end if they involve the creators more often. It seems to have proved very lucrative for them when they have (Gibbons and Higgins re-colouring WATCHMEN, Bolland re-colouring THE KILLING JOKE, both to apparently great financial rewards to DC).
As I mentioned before, DC’s track record means I’ll wait for the actual book to come out before deciding whether I want the hardcovers (fortunately I did find a cheap copy of #20 some time back, after a few years of looking), but it’s good to hear that you’re working up something with Paneltopanel for the book.
Please note, Roger, Bob and Bob, that Rick Veitch emailed me later in the day and clarified one key point: He chased down Dark Horse on the NEXUS reprint volume and was able to get a paycheck and comp copy for his pencilled issue being reprinted in the fifth volume hardcover reprint. I’ve inserted that info into the post, so it’s been corrected; but he wasn’t notified in advance or paid until he chased them down, so my primary point stands.
Just wanted to be sure that was corrected, though.
I look forward to a hard cover edition of Swamp Thing and any uncollected material in prior volumes. My signed softcover is always handy, but it will be nice to have a nice new spiffy Panel-to-Panel edition (I hope). I just wish the coloring process then wasn’t so awful. In reading the collected and also the regular back issues, sometimes the color work was distracting and very garish. I am assuming the new hardcover will rely on the prior color plates instead of recoloring the edition?
I’ll write about the color issues, Bob; the paper is part of the ‘problem,’ in that the original newsprint ‘drank up’ the ink and softened Tatjana Wood’s exquisite coloring — and she colored the art KNOWING the newsprint would soften the colors. That is never accounted for in reprints, making even those based on Tatjana’s guides look too garish, too flat and bright.
More on this, including scans to discuss the particulars, in a later post!
“Please note, Roger, Bob and Bob, that Rick Veitch emailed me later in the day and clarified one key point: He chased down Dark Horse on the NEXUS reprint volume and was able to get a paycheck and comp copy for his pencilled issue being reprinted in the fifth volume hardcover reprint.”
Too little, too late! I shall now endeavor to steal Dark Horse comic books from warehouses and wipe my ass with them.
I suppose it falls under the category of “better than nothing”, but $200 for a 28-page story really is little more than a token payment. $7.15 a page? That’s probably less than those kids from Slumburg got for the first True-Man story 70 years ago…
Wonder if they’re going to cut you a $7 cheque for reprinting the cover? Maybe they’ll go up to $10 since you inked and painted it…
And with the Senate passing the Orphan Rights Act, another step toward further abuses has arrived.
HEY! How the hell are ya? I’ve been up to my hair follicles in work. Basically just dropped by to say hello and scan your blog. I see in your comment above “with the Senate passing the Orphan Rights Act” – Did that motherfucker pass? I gotta go check that out.
OK, see ya.
See today’s post, Mark — JUST corrected for final post — and follow the links. The Copyright Czar was all new to me as of this morning, and needs attention, too.
Steven
It’s been interesting reading about your experiences in the industry. If I may, I would like to shed some light onto some of my own current experiences with some of the self same companies mentioned here.
DC comics has to this date ,after numerous request from both myself and my attorney, not paid one red cent owed to me for any merchandising of my designs and characters which I created during my 14 plus years working for them as a creator. This includes action figures based on my work on Captain Atom, his appearance on their animated series JLA. No payment for the use of my designs for the popular putter figurines which were sold for their role playing games. And have repeatedly made the reprint checks out to my long defunct corporation under which I did all of my bodies of work. They say that their looking into it, Now a process which is taking over three years. The funny thing is that they did make checks out correctly for foreign sales to my proper name.
They did state that they own the captain atom property and therefore do not owe any payments derived from the merchandising of characters which the company owns. Now, other than their Vertigo line of books, can it be clearly pointed out to me what they don’t own that they publish. I designed new costumes for the entire cast which appeared in that series. Did not Neal Adams design the new robin costume first for the batman movies then used in the comics for some time? And receive payment. Did he not design the Ras AsGul character for the Batman series and then receive a sizable payment for the characters appearances in all visual media? It clearly has become apparent that they handle different creators differently.
I have recently reentered the field again with the publication of my own characters [Sirianus for Fantagraphics} and concepts { T-Rex being offered by Visionary comics} and I do realize that it’s the best way to go. I’m also illustrating some stories for the independents in order to help them and myself by having more of my work available for the readers.
I wish you the best of luck and success in your efforts to correct the wrongs done to you.
Pat Broderick.
Hello, Pat — You were among the busiest cartoonists at DC back when I was pencilling SAGA OF THE SWAMP THING, and it’s no surprise you did so much behind the scenes, too, while still working on monthly titles!
THREE YEARS to sort out reprint fee checks?? Ridiculous! The fact your foreign royalty checks (which didn’t exist prior to the 1990s, by my experience — correct me if I’m wrong, those seemed to follow after the Gaiman/Morrison era had begun at Vertigo/DC) are made out to your name demonstrates the right hand doesn’t know what the left hand is doing (and seemingly doesn’t care).
I must say my experience, thanks to Karen Berger’s assistant editor/fellow editor Pornsak at Vertigo, has been good in terms of prompt response to our moving (in December 2006) and addressing any royalty issues or needs that emerged. I’m doubly thankful now — perhaps a public airing of this royalty dilemma with DC would speed up their resolution to quicker than another three years?
As for revamping characters DC owns, I’ll point out that we don’t receive a dime for anything involving SWAMP THING other than direct reprints of our work — the royalties we earn on John Constantine are apart from that issue, in that we lucked out: unbenownst to us at the time we cooked up Constantine, DC had revised its ‘creator of character’ deals to extend shares to creators of original characters post-1984.
By my experience, again, it would seem the Adams payments were likely ‘bonus’ checks; back in the 1990s, Berni (now Bernie) Wrightson received a ‘bonus’ check from DC for SWAMP THING activity, which I only know about because Berni generously cut shares checks to John Totleben, Rick Veitch, and myself. We discussed it at the time with Berni, and he emphasized it was clearly presented as a BONUS, not creator share, check — hence, not a precedent for any further payments, and not a share of merchandizing or licensing. Perhaps that’s the umbrella under which Ras As Gul and Robin costume design (though perhaps that was paid for as a job?) checks were cut — clearly, Ras As Gul was created long before any New York City-based comics publisher was sharing anything with much of anyone.
Good luck with your return to the field, Pat, and I hope you enjoy better treatment this time around. “You’re a better man than I, Gunga Din” — I’ve no plans to ever return to the plantation industry — but I wish YOU the best of luck and much more than that in your efforts, current, creatively, and with addressing/correcting the wrongs done to YOU!