DC Conspiracy[dots pattern]

12.14.2005

The Small Presser, No. 20: "Who Needs Protection?"

Everyone does it. Put a copyright notice in their comics, that is. But I bet 99% of folks who do that don’t really register with the U.S. Copyright Office. And, really, most of the time there is no need to (in my opinion).

Why don’t more small pressers get copyrights? Most folks are just hobbyists, doing it for the love of making comics rather than having grand dreams of getting a publisher or having their comic developed into a cartoon or movie.

And getting a copyright can get pricey. If you’re self-publishing a comic irregularly (meaning, it comes out whenever you get it done, not on a monthly or quarterly schedule), you’ll need to complete Short Form TX. (This form is for literary works, including fiction and nonfiction, books, short stories, poems, collection of poetry, essays, articles in serials and computer programs.) The filing fee is $30. If you file multiple issues, each additional filing is $15. So you see, if you have five books, it’ll cost you $90 to get a copyright for all of them. That’s nothing for mid-size and large publishers. But for small pressers who prefer to funnel their money into printing and such, that’s quite a chunk of cash.

Typically, I don’t apply for copyrights. I figure if there's ever an issue big enough for me to confront someone over something, the time period when the works were published is really enough legal proof. For example, if I published a comic in 2000 and it’s been circulated (it’s good to have witnesses/customers to vouch for this), then someone who published a strikingly similar work in 2005 is going to have a hard time defending that they didn’t trespass your idea.

But that logic really applies only to the small-press world. Once you set your sights on a larger pond, you’re going to have to protect your ass a little better.

Enter Mr. Big. I’ve never applied for a copyright for this book until last year. That’s when a scriptwriter approached me for the rights to adapt my comic Mr. Big into a cartoon film. It was a really exciting proposition, but I knew nothing about the film business (and still don’t). But I do know that the entertainment industry is not to be trusted. You read about folks screwing each other left and right, and the last thing I wanted to do was blindly hand over Mr. Big rights, not see a nickel and have no control over my creation.

So, I got copyrights for the Mr. Big series. Having something official proving your ownership goes a long way and avoids many snakes and pitfalls. In this case, it’s an insurance policy worth every penny. (Don’t think that someone from Hollywood expressing interest in your book won’t snoop around to see if you legally own the rights to your creation. They will.)

If you decide to apply for copyrights, expect the process to take anywhere from three to six months before you get your official certificate. And keep on top of the process. It took a year-and-a-half to get my certificates because my application and books got caught in the anthrax fiasco at the mailing room at the U.S. Copyright Office and were lost! (At least that’s what they told me; I think someone loved the books and pocketed them for little Johnny!)

Matt D. at 9:44 AM  |  link to this   

2 Comments

A good column, Matt — stuff that was news to me.

The Graphic Artists Guild publishes the Handbook: Pricing and Ethical Guidelines which is geared more toward freelancers, but also has some good material on copyright and the rights of artists. A lot of libraries have a copy.

Blogger Bram at 12/14/2005 9:04 PM   

Thanks, Bram. Yeah, freelance artists/graphic artists is a whole other can of worms! You, Monica and Deb would be better at tackling that! Hmmm...a guest Small Presser from one of you?

Blogger Dembicki at 12/15/2005 5:53 AM   

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