- 1. The right to full ownership of what we fully create.
Click to show Scott McCloud's explanation
This means copyright and trademark. The term fully create is open to debate. Siegel and Shuster fully created Superman in my
view, regardless of how much editorial input they may have received. It was their idea.
Had they retained ownership of Superman from the start and later hired others to create stories for the character, such as DC
Comics has, those other would be entitled to many rights, but ownership of Jerry and Joe's characters would not be one of them.
How this works for Comic Creation Nation
We agree!
For the Comic Creation Nation campaign however, the books will not be fully created by one person, they will be jointly created,
and therefore 100% of all revenues will be shared equally by the writer/creator and Zeros 2 Heroes--we will hire the editor
and the artists, produce the book, and publish it on our website.
- 2. The right to full control over the creative execution of that which we fully own.
Click to show Scott McCloud's explanation
Without this right, the first one is meaningless. What difference would my full ownership of Zot! make if I could be
forced, at a publisher's whim, to change my characters' appearance, bring villains back from dead, to write long
crossover scenes or even just to change a little piece of dialogue on page five, panel three, and in doing so
undermine a message I may have been working to get across for over a hundred pages!
No change is so important that it can't be discussed, but the final say over what goes into Zot! is still in the
hands of its creator and owner. Companies that take on creator-owned properties do so at a certain risk, but when
a creator trades in his or her control over their creation for a twelve-issue contract and some money in the bank,
they do more than just risk that their message will be distorted in the long run. They virtually guarantee it.
How this works for Comic Creation Nation
This one is great: it goes straight to the heart of why Zeros 2 Heroes is so unique.
Creative control of the book rests with the writer/creator. Will we try to help you make your idea better?
Of course. That's why we hire experienced editors to guide our writers through the process and give them notes
all along the way. The difference with the CCN campaign is that the writer is free to accept our suggestions or
not, because final control rests with the writer. This level of control would be difficult for any writer to
achieve, but in the experience of our Board members it is unheard of for a new writer.
And why do we vest the writer with creative control? Because our business model is different from other studios
in that we are not judging the quality or accessibility of the work, our online community is. And we have made a
commitment to our community to put the unfiltered work of undiscovered artists before them and let them judge which
of those projects should be put into production.
- 3. The right of approval over the reproduction and format of our creative property.
Click to show Scott McCloud's explanation
This is my suggested wording change. I prefer "approval" over "full control" in this instance because it's possible
for both publisher and creator to agree on such basic matters as size, shape, printing process and pagination before
the project is even begun. Unlike disputes over writing and art, these are matters that can be handled at the contract stage.
If, while work is already proceeding, a creator or publisher wants to make change in format, then agreement by both
sides would be necessary. In the original draft of the Bill, a thirteenth right governing advisory labels was added.
I've omitted it here, as I think this heading covers it well enough.
How this works for Comic Creation Nation
Again, this concern plays right into our strength.
The final product for the CCN is a 22-page web comic. All decisions about how the book looks, including the size,
shape, printing process, pagination, etc., are under the full control of the writer. We don't need to worry about
the distinction between "approval"? and "full control"? because our writers have full control over their work. In
fact, our model doesn't just give the writer full control, it mandates it.
- 4. The right of approval over the methods by which our creative property is distributed.
Click to show Scott McCloud's explanation
Again, a matter for the contract stage as I see it. This was also changed from full control and reworded slightly to
avoid giving the impression that we all thought we had the right to walk into our local distributor's warehouse and
start telling people how to pack boxes. This, and all the twelve rights, refer primarily to the creator/publisher
relationship.
How this works for Comic Creation Nation
All of the participants in the CCN know going in exactly what our distribution system is: online publication on the
Zeros 2 Heroes website. So there's no guesswork involved in trying to figure out how your work will be distributed.
I think that renders this particular concern a non-issue for Zeros 2 Heroes.
- 5. The right to free movement of ourselves and our creative property to and from publishers.
Click to show Scott McCloud's explanation
No, this doesn't mean we have the right to break contracts and walk whenever we feel like it. (At least that's not my
interpretation.) This simply means that, just as comic book writers and artists have traditionally competed for
assignments from comic companies, the reverse should also be true. Creators wishing to produce work for more than
one company at a time must be free from coercion of any kind.
How this works for Comic Creation Nation
We absolutely agree with this principle, and love the idea that writers and artists doing work for other companies
are part of our community. Some properties might be perfect for the CCN or other Zeros 2 Heroes initiatives, and
some might not be (although we hope the latter will be few and far between!).
- 6. The right to employ legal counsel in any and all business transactions.
Click to show Scott McCloud's explanation
I don't think this one needs any explanation.
How this works for Comic Creation Nation
Who could possibly express, or even imply, that someone does not have the right to employ legal counsel? In
fact, we suggest in our agreements that our writers and artists seek legal counsel. This is a link to our
standard
Acquisition/Joint Venture Agreement. We encourage you to review the
document and engage legal counsel to vet it as well.
- 7. The right to offer a proposal to more than one publisher at a time.
Click to show Scott McCloud's explanation
What's good for the goose is good for the gander. This operates on the same principle as Number 5. I would
add that such multiple submissions should be clearly labeled as such.
How this works for Comic Creation Nation
Completely agree.
As we said in our answer to Number 5, we believe there is tremendous value for a writer/creator to publish
his or her work on Zeros 2 Heroes as part of the CCN or otherwise, but it may not be the right fit for
every property.
- 8. The right to prompt payment of a fair and equitable share of profits derived from all of our creative work.
Click to show Scott McCloud's explanation
I think this is pretty self-evident.
How this works for Comic Creation Nation
The CCN business deal is about as easy and clear as it gets. If the writer's pitch is chosen by the
community and the book is produced, the writer/creator and Z2H become equal partners in the property.
Not only is the deal clear, but it's exceedingly generous to the writer/creator. And true to the mission
statement of Zeros 2 Heroes. Again, we suggest that writers/creators seek advice from knowledgeable entertainment
industry professionals to confirm what a generous business deal this is.
- 9. The right to full and accurate accounting of any and all income and disbursements relative to our work.
Click to show Scott McCloud's explanation
These two articles apply to all comic writers and artists, not just creator-owners (also true of Numbers 5, 6 and
10). They aren't particularly controversial, but they are being violated - constantly.
How this works for Comic Creation Nation
Of course we agree. Which is why we contractually bind ourselves to a payment schedule, reporting requirements and
audit rights in the Acquisition/Joint Venture Agreement referred to in Number 6.
- 10. The right to prompt and complete return of our artwork in its original condition.
Click to show Scott McCloud's explanation
Nowadays, this idea seems fairly tame, yet once this was the most radical, inflammatory thing an artist could
possibly suggest to a publisher. It will be interesting to see how many of these other rights are taken for
granted two or three decades from now, as this one has come to be.
How this works for Comic Creation Nation
At this point, we anticipate that all of our art will be uploaded as digital files, so return of artwork would
not be an issue. If for some reason we do require an artist to submit original copies of his or her work to us,
we will take all steps needed to insure its safe return.
- 11. The right to full control over the licensing of our creative property.
Click to show Scott McCloud's explanation
Again, this one follows naturally from the first right. Ownership would be meaningless without this kind of control.
How this works for Comic Creation Nation
As we discussed in the first right, the writer has creative control over a comic book which is created and published as part of the CCN,
and Z2H will retain business control over the property.
Why must Z2H retain business control? Because we have an obligation to all of our stakeholders, including the
writer/creator of the project, to make the best business decisions possible with respect to the property. Our Board members have
decades of experience at the highest levels of the entertainment industry, and therefore believe that we are in the best position
to determine which deals should be made, and with whom.
Of course we will meaningfully consult with the creator of the property, but at the end of the day we must be in
the position to pull the trigger on a deal that we believe is best for the property.
- 12. The right to promote and the right of approval over any and all promotion of ourselves and our creative property.
Click to show Scott McCloud's explanation
'Nuff said.
How this works for Comic Creation Nation
A big part of the CCN campaign is the promotion of the writers/creators and their work on the Zeros 2 Heroes website. We have always looked
at this exposure as a great benefit we are providing. In our standard agreement, the writer agrees to allow themselves to be featured on
the site and in any other promotional campaigns that Z2H might decide to run... and of course their work would have to be published
to be considered.