Being the Lawyer at Phoenix Comicon

Mike Baron and I speaking on Comic Book Creator Rights at Phoenix Comicon 2014 - Mike says this photo is proof that the "gurus" could not levitate.

Mike Baron and I speaking on Comic Book Creator Rights at Phoenix Comicon 2014 – Mike says this photo is proof that the “gurus” could not levitate.

Earlier this month, I spent the weekend speaking at Phoenix Comicon. I was on two panels: Comic Book Creator Rights (with Mike Baron) and Copyright and Fan Fiction/Art (by myself). The lineup at this year’s event was amazing and included Stan Lee, Cary Elwes, Nathan Fillion, and the original Batman cast (Adam West, Burt Ward, and Julie Newmar). There were also workshops on writing and costume-making, a huge exhibitor room, and the best geeky game show – The Phoenix Ultimate Geek Smackdown.

Mike Baron

Mike Baron

Needless to say, no one was coming just for me, and I didn’t have line of people waiting to attend either of my panels. But I had about 30 people at each session and those that came were truly interested in the subject matter.

I heard a rumor before my first panel that my co-presenter wasn’t too enthusiastic about being on a panel with a lawyer. We’d never met before and I’m sure he did what I did, which was no advanced research. I bet he assumed I’d be boring, stuffy, dry, and wearing a suit. I suspect he didn’t expect his legal eagle co-presenter to be in jeans and a hot pink t-shirt that said GeekLawFirm.com.

I got to our room before him and I did what I typically do when I present at Phoenix Comicon – I took off my shoes and plopped myself down on top of the table.  There’s something about sitting on the table that makes me feel energized and free-spirited.

Ruth Carter

Ruth Carter

Unfortunately, Mike walked in through the back entrance so I didn’t get to see the look on his face when he first saw me. He said hello and took a seat behind the table but then I declared that we were doing our panel from on top of the table. He humored me and climbed up. (I’m not sure he knew what to think at that moment.) I spent most of our panel gleefully swinging my legs and they dangled over the edge of the table while we fielded the audience’s questions.

About halfway through our panel one of the event photographers popped in to take some shots of us. He later told me that he’d never seen anyone present from on top of their table. He seemed pretty amused when he saw the two of us sitting cross-legged on top of the table. (I sit cross-legged when the photographer comes in because I think it looks cute in the photos, but I usually uncross my legs once they leave because it’s not that comfortable.)

Our panel went really well. I provided some basic information about copyright, trademarks, and contract terms, and he got to talk about how these things actually play out in the professional comic writing world. I think it was great balance between academic and practical knowledge from both of our perspectives.

I often forget that there’s a strong stereotype about what a lawyer is and that many people assume that I’m boring and that my material is dry. When people ask me to speak at their event, it’s not uncommon for them to say, “She’s a lawyer, but she’s not that kind of lawyer,” when they tell people about me.

Hmm . . . maybe I should have business cards printed that say, “Ruth Carter, Esq., Not That Kind Of Lawyer.”

Photos by Erik Hawkinson, used with permission.

Intellectual Property in Comic Books

Comic Books by Sam Howzit from Flickr (Creative Commons License)

Comic Books by Sam Howzit from Flickr (Creative Commons License)

I had the pleasure of presenting on Comic Book Creator Rights with the award-winner comic author Mike Baron at Phoenix Comicon last weekend. We talked about how important it is for writers and artists to understand what rights they have in their work and the various ways they can protect it.

Copyright
An artist or writer has copyright rights in their work the moment they put fingers to keyboard or pen to paper. As the owner of their work, they can control where their work is copied, distributed, displayed, performed, and what derivative works can be made.

Unlike books where a complete story is often contained in a single volume, a comic book story may be broken up into several 22-page issues. One thing Mike and I suggested to our audience was registering the copyright in the “story bible” as well as each issue that the artist creates. A story bible is a master document that lays out the setting and norms of that universe and the backstory and characteristics of each major character.

The copyright laws regarding infringement for published and unpublished works are different, and under the current laws (that are in need of overhaul), a work that is released only online is “unpublished.” To maximize your options for recourse (i.e., financial damages), I advise artists to register their work with the U.S. Copyright Office before they release it if it is unpublished. Mike also suggested doing a short run of each issue so the work will qualify as “published” and the rules about when you have to register to be eligible for what’s called statutory damages are more favorable.

Trademark
A comic book artist could have several trademarks related to their series – the name of the series, logos, slogans, and the name and possibly depiction of the characters. Any or all of these could be trademarks used to market the artist’s work.

For each of these potential trademarks, it’s a good idea to run a search on the U.S. Patent and Trademark Office’s (USPTO) trademark database to make sure that another artist doesn’t already have the exclusive right to use that trademark in relation to comic books or similar products. If they do, they can force the other person to rebrand.

If the desired trademarks are available, putting a superscript “TM” next to them will put everyone on notice that the artist is using them as trademarks, not just elements in their series.  Registering them with the USPTO will increase their value and give the artist the exclusive right to use those trademarks. No one else in the industry could have the same trademark in the U.S. Registration also increases their value and may make the artist’s work more desirable if their goal is to be acquired.

Identifying and creating a strategy to protect your intellectual property is complicated, so if you want to talk more about this subject, feel free to  connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
Please visit my homepage for more information about Carter Law Firm.

Fan Art and Copyright: You May Have Rights

Hairy Situation by JD Hancock from Flickr (Creative Commons License)

Hairy Situation by JD Hancock from Flickr (Creative Commons License)

Let me tell you a story. MGM owns the copyright for The Wizard of Oz. In 1976, they hired Bradford Exchange to create a series of Wizard of Oz collector plates. Bradford had a competition for the “Dorothy” plate design. Jorie Gracen submitted a design that clearly depicted Dorothy, Toto, and the yellow brick road, but the image doesn’t match any screenshot from the film. Gracen’s design won but she refused to sign the contract to turn her painting into the plate. Bradford allegedly gave her painting to another artist who used it to create a similar design which was made into the plate.

Gracen sued Bradford and MGM for copyright infringement…and she lost, but this is a pivotal case regarding derivative works.

This is a picture of the plate that was actually made that is remarkably similar to Gracen's painting

This is a picture of the plate that was actually made that is remarkably similar to Gracen’s painting

The collector plates were derivative works; however, Gracen was acting in compliance with Bradford’s direction when she created her design. She couldn’t get a copyright in her work because it was based on the movie but she couldn’t get in trouble for simply creating it for the contest.

Bradford’s mistake was they didn’t include a copyright assignment or license in the competition rules. I would expect a similar contest to include a provision that everything the artist creates for the contest becomes the proper of the contest organizers or the company they represent.

Here’s the big lesson I take away from this case – if a copyright holder tells fans to create fan fiction or fan art, the fans’ work may not be original enough to warrant their own copyrights, but they shouldn’t get in trouble for creating something that they have been authorized to create.

However, the fans may only be able to create fan fiction or fan art; they may be committing infringement if they try to distribute it. I would expect the copyright holder to be especially upset if you try to sell your work because you could be interfering with their profits and/or hurting their brand with inferior artwork.

I will be doing two panels on copyright at Phoenix Comicon this weekend:

  • Comic Book Creator Rights, Saturday, June 7, 2014, 10:30 a.m., North 130 with Mike Baron
  • Copyright and Fan Fiction/Art, Sunday, June 8, 2014, 12 p.m. North 130

Copyright is a murky subject. If you want to chat more with me about this subject, connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
Please visit my homepage for more information about Carter Law Firm.