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#454599 - 09/22/00 10:22 AM "Pitfalls and how not to avoid them" by Liam McS
Elayne Riggs Offline
Member

Registered: 01/29/99
Posts: 2983
Loc: Bronx, NY, USA
Liam McSharp asked me to post this, as he's having trouble copying and pasting, but he's subscribed to comicon so he'll be able to comment on responses (which are greatly appreciated!).

- Elayne

----------------------------------------

Pitfalls and how not to avoid them.
or "a brief history of the naive freelance comics illustrator."
by Liam R. McCormack-Sharp.

There's not an artist in the industry, that I'm aware of, who doesn't want to do their absolute best. It's commonly known that success in the field can bring great rewards, and that requires commitment and hard work. Talent alone is not enough. To truly make it in comic art you have to
firstly be able to draw anything.

AND make it look good.

But that's just the easy bit. Next you realise you're never drawing what you really want to draw, and you have to learn to be able to do that over and over again. On your own. Day after day.

Then there's Deadlines to meet. Critics to face. Cancellation of titles.

Finding yourself in the strange situation of being a product. And a product has to be sold.

Artists, on the whole, don't like anything they've drawn. It's a good thing too as it keeps us constantly trying to improve ourselves. But there are associated problems with this, and they're almost all to do with selling oneself. Promotion. How do you go about that when invariably you
know that nothing you've done lives up to your own expectation of yourself? Despite the apparent proliferation of super-egos throughout the industry, the vast majority of creators are content to let the various publishing houses do their promoting for them.

Your other option is to find yourself an agent.

Actually, it's more likely that an agent will find you.

There are manifold reasons why having an agent can seem appealing. It comes as a great relief to think that there's someone out there constantly fighting your corner. To no longer feel like you're chasing an elusive industry Quested Beast that can never be caught, that one big job that
will make you a comic book immortal. That's how an agent will sell it to you: They'll find these profile raising jobs for you. They'll get you interviews in all the right magazines announcing your upcoming projects
with great gusto. All YOU have to do is give up 10% of your earnings and do the work and they will do all the rest for you.

Well, no. Not really. That's not quite how that works either. For a start you are usually only one of many creators on an agency's books, and all of you want the same thing. The chances are something big will break for one of their clients and all their energies will go into promoting that person. There's also a strong likelihood that they have already got you on the first job that came along, that is IF any jobs came along, so you're tied into that, waiting for that call from Wizard, that offer to draw a new XMen series, that opportunity to develop a movie.....

In some ways I was lucky. When the Creative Interests Agency (C.I.A.) tracked me down I already had a head start. The Death's Head 11 series had been very popular for a time and I'd drawn a Venom mini series, a
couple of XMen and Spiderman issues. Plus I'd done a run on the Hulk. What the agency was offering seemed fantastic. There was this new company called Verotik who were working with some of the true greats of all time in my opinion, and they loved my work.

Funnily enough it was Steve Wardlaw, then an editor at Verotik, who first phoned with an offer of work while I was still drawing the Hulk. When Steve Donnelly of the C.I.A phoned some months later with the same offer I thought they were the same person, so my whole initial reason for getting involved with an agency was based on a mistake.

Nonetheless I allowed myself to be wooed with talk of promotions and raised profiles.

The job I got was a book called G.O.T.H. A kind of no-holds-barred Hulk on steroids. It was a fast moving adrenaline-fuelled romp of little intellectual content, but I'd had a lot of fun cutting loose drawing it.

This was followed by, unbelievably for me, the chance to draw Frank Frazetta's Death Dealer. Not just that, but I was following on from Simon Bizley, a great favourite of mine, and finally, I thought, getting the
chance to draw the kind of comic in which I could really excel. Frazetta had always been a primary motivating factor in my getting involved in the chance to draw the kind of comic in which I could really excel. Frazetta had always been a primary motivating factor in my getting involved in the medium, so it was an incredible honour to be asked to interpret his character in comic form, and not a little bit daunting too.

I was, to coin that famously unpopular phrase, "the King of the World!" So five years on what happened? With such a promising start did my agents succeed in raising my profile?

Well, things turned a little sour with Verotik. There's always two sides to every story, but from my point of view it just got increasingly hard to please them. Communication broke down. I was very unhappy. They were very unhappy. I quit them after my second Death Dealer issue and a
difficult three issue Jaguar God run.

And this is the point where we get back to agents and their mysterious modus operandi.

A cautionary note to ANYONE who is thinking about being, or is already represented by an agent: Look hard and long at your contract. At the moment I'm in a peculiar kind of limbo with regard to some unresolved
issues that date back to this time, and they all centre round what an agent should, shouldn't, can or can't do. When I left Verotik I asked the C.I.A. to secure the return of my Death Dealer and Jaguar God artwork. Verotik had purchased all the G.O.T.H. artwork off me. But for the
obvious reason that it was Frazetta related, and my best work up until that time, I had not wanted to sell the Death Dealer material.

Following my period with Verotic I managed to secure myself a run on the Manthing for Marvel. It was with this work that I stopped going through the C.I.A. as I'd done lots of work with Marvel prior to my involvement with them. They reluctantly conceded to this and continued to get me the
occasional unrelated job for which I was happy to give up my 10% agency fee. For a while I continued to pester them as to the whereabouts of my Verotik artwork. Three years later I still don't have it.

Sometimes things just become too much of a big pain in the proverbial, and with the passage of time one is inclined to just let it go. Luckily I've been in pretty constant work. I got married, had two kids. In the great scheme of things it just didn't seem that big a deal. Well not big enough to go round shouting about it, threatening legal suits I hadnąt a hope of financing against people much wealthier than me. But equally sometimes something happens that just seems so unfair that if you walk away from it you know you can never look at yourself in the mirror again with any semblance of self-respect.

This is how I felt when I recently found out that one of my pages from the Death Dealer was up for sale on the internet for $1000. When I contacted the unfortunate dealer who had purchased the piece in good faith I had an even bigger shock. It had been bought from the internet auction site ebay
where it had been put up for sale by, wait for it, the C.I.A. I immediately checked the Creative Interests website and found two more examples of my artwork displayed on there. They had never even told me they got any of that artwork back from Verotik.

Steve Donnelly always seemed to me to be a decent guy, if a little harassed and over-stretched. I really felt there must be a mistake. I emailed and phoned right away that he get in touch regarding this.

The next day I did the same again.

A week later I had still heard nothing despite my increasingly insistent requests for an explanation. Then I heard from the dealer who bought the artwork that the C.I.A had told him they didn't know who I was. This prompted even more outraged messages from me. I even waited up until 1.30am UK time to try and talk in person with the California based agency but still just got their answer phone.

So what could I do? I emailed everyone I knew in the industry explaining what had happened and seeking some advice and assistance on how to get these 140 or so pages back. I was unprepared for the storm of mail that returned, is still returning, regarding similar problems, specifically
with the C.I.A.

The problem is, and here's one of the pitfalls, I've looked it over and there's nothing directly relating to art returns in their contract anyway.

Now how stupid do I feel for not spotting that?

As things stand at the moment it has been related to me through a third party that the C.I.A now claims I still owe them some money on commissions. Quite how this works I don't know since they were responsible for invoicing. They also say I am responsible for the cost of shipping it back. That seems to me to be very unreasonable. The publishers always cover the cost of shipping. It should be an issue between agent and publishers, not me. Besides, not once in six years have they said any of
this to me personally. Though once again there's no reference to shipping in the contract so far as I can see.

Duh.

Read your contracts very carefully!

At the end of the day all I want is my artwork back and the price of the page(s) sold. No more. No less.

Why I can't have them back I don't know. Nobody will tell me. Steve's email address has now become unavailable. My biog. has vanished from their site. I suspect my artwork will be gone soon too, if not already. If they burnt it all who would know? This has cost me five working days
so far. Whole days. So my point is this: Be very careful what you sign. I'm sure there are many great agents out there, I don't want to tarnish them all with the same brush, but protect yourself, and make sure your contract is water-tight.

Or just don't have one.

Somebody could make a lot of money setting up a course for artists on how to promote oneself effectively. I'd sign up! They could show us, for say 10% of our page rate, how to........

Wait a minute, what the hell am I saying?

Just another gaping pit waiting for me to blindly stumble into it.

And will I ever get that artwork back? Right now it's not looking very likely, but at least it may be hard to sell it if everyone knows I never once agreed that it could be sold.

Whatever the reasons, my profile prior to my connection with the C.I.A was higher than it was at the end. It has since become higher again. When working in this industry there's really nothing equal to cultivating a
good working relationship directly with the editor, and all the people involved in producing the title. I may not have dominated the covers of the various trade magazines. I may not make the Wizard top 10 every month. What I do get, though, are some really great titles to draw and
generally a quiet sense of mutual respect. I'm enjoying my job again, and that, for most of us, is about as much as we should really expect.
_________________________
"Life is truly normal only when people feel safe enough to critique, defend, and analyze art and popular culture." - Lisa Schwarzbaum
Click here for my blog, Pen-Elayne on the Web
Click here for Robin Riggs' latest interview

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#454600 - 09/22/00 06:32 PM Re: "Pitfalls and how not to avoid them" by Liam McS
eric hess Offline
Member

Registered: 12/19/98
Posts: 488
Quote:
Read your contracts very carefully!


better yet, have a lawyer read them carefully.

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#454601 - 09/23/00 10:12 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
You're quite right, but as always hindsight is 20/20. I was duped hook line and sinker and it never occurred to me that legal advise would ever be something I needed in this profession. On the other hand it's easy to say I should have read my contract properly, but does that make what happened right? Should it be OK for them to sell my art, take the cash and never tell me, let alone run it by me? Or offer any explaination?
The point is it's only by going through the contract with a fine tooth comb that you notice the ambiguity. Does "art samples" for instance refer to comissioned artwork?
With regard to shipping the artwork they happily shipped it out. They requested the artwork went through them, I could have easily sent it straight to the publishers but I did what they asked me to do. All this would imply that they took responsibility for shipping, and that's exactly what they told me. It's just not clear in the contract.
Truth is they are just making excuses for their inexcusable behavior.
This has now been going on since 08/24/00. They have still not replied to even one of my phone or email messages.

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#454602 - 09/25/00 09:43 AM Re: "Pitfalls and how not to avoid them" by Liam McS
wrtiii Offline
Member

Registered: 07/28/00
Posts: 32
Loc: Ithaca, NY USA
I certainly hope you have reported this as sale of stolen merchandise to Ebay. Unless you signed a contract that specifically gives CIA the right to your artwork, they have no grounds to claim that they own it. If they think you owe them money, they must go through the courts to collect, same as anyone else. They can't simply steal your property and sell it.

I am always appalled to hear that someone said "because your contract doesn't spell this out, we can do whatever we want" when the law is perfectly clear on issues of ownership.

Bill Turner

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#454603 - 09/25/00 11:06 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Steve Blevins Offline
Member

Registered: 01/24/00
Posts: 38
Loc: Putnam Valley, NY, USA
I can certainly sympathise with this tale, as I am currently being screwed out of a pile of money on a contractual technicality, as well as having artwork that belongs to me withheld (simply out of spite, it seems to me).

It's tough not to get what's rightfully coming to you, especially when you've sweated blood and endured other humiliations and injustices already, simply because the entity who's doing it to you has the wealth and power to stall. I can't stop working and can't afford a lawyer. I'm not out tens of thousands of dollars but the amount they owe could mean months of rent money to me and my family. It's a drop in the bucket to them.

It's ironic that a company that woos their many fans with tales of heroism and sacrifice feels no compunction whatsoever about stealing food out a struggling artist's mouth.

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#454604 - 09/25/00 11:26 AM Re: "Pitfalls and how not to avoid them" by Liam McS
jack Offline
Member

Registered: 11/11/99
Posts: 12596
Loc: Just south of NYC
Why hasnt anyone just sent camera ready velox's of the finished work, suitable for printing, keeping the originals themselves? That's how I would do it, no matter WHAT the contract said.

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#454605 - 09/25/00 12:02 PM Re: "Pitfalls and how not to avoid them" by Liam McS
gareth Offline
Member

Registered: 04/17/99
Posts: 212
Loc: Cambridge, MA, USA
Veloxes??? This is the digital age. You should never have to send anything but art on disc.

Gareth Hinds www.thecomic.com
_________________________
Gareth Hinds
www.thecomic.com

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#454606 - 09/25/00 12:11 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
Couple of things: Often you're so close to the deadline that there's no time to get copies of any kind before they have to go off. There's also the money thing, and good quality copies aren't always cheep, or easy to come by. If you live in the countryside a good copy shop might also be miles away. It's just not always possible or practicle.
Re: ownership. You're absolutely right. They've never told me that I owe them money, that was just an excuse to the dealer who got caught in the middle of this as far as I can tell. And I agree about the money too. I may not be able to afford a legal battle, and I have family too. So it is just possible they will make money out of this without me being able to do a thing about it. That's really why I'm posting this as far and wide as I can so that other people don't get taken for a ride as I have. Also if enough people ask them about it I may get to hear what excuse they are currently giving, and they might not be so ready to do it again to somebody else.

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#454607 - 09/25/00 12:16 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
I forgot to mention ebay.
David Raphael, the unfortunate dealer who was sold my art, has waged a one man war on ebay to get them to stop trading with the C.I.A
Basically they have replied that unless they are given a court order or told by the police that they should stop trading they won't. They say that my account is one persons point of view and not a good enough reason to stop trading with them. They have made no attempt to varify my identity or story.

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#454608 - 09/25/00 12:21 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
I do all my covers digitally, and as soon as I can afford a big enough scanner that's exactly what they'll get. It is true that the more time passes by the less likely it is this will happen again as everything goes digital.

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#454609 - 09/25/00 12:39 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
Perhaps if I'd called this article "Biggest boner? Superman or mr. Fantastic?" I'd have had more replies by now that weren't from me.
Think I'll just have a little debate here with myself....
So, did they really do that?
And what about....
NO WAY!!
They said that....?
why I aughda....
No but seriously folks...any one got any good ideas about getting this artwork back? If the legal side is tricky, especially being UK based, what other options, if any, are there?
Their refusal to pick up the phone or return mail is, I hate to say it, working for them. It's the proverbial head and brick wall situation.

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#454610 - 09/25/00 12:45 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Jeff Zugale Offline
Member

Registered: 12/06/98
Posts: 1806
Loc: Los Angeles, CA, USA
Hey, there's NOTHING wrong with blowing a Velox of your original art to send out as a copy to people or to your agent. It reproduces like an original, so they can make their reprints (which you'll never get paid for of course), but they'll never be able to sell it as an original.

Sorry to hear of your troubles Liam, and Steve... don't feel bad, I can't even play most of the songs on the CD we released unless I pay my old management and record company. They stole my songs from me, and I can't get them back.

This is more backup for my assertion that we creators should just STOP DOING BUSINESS OF ANY KIND with these people. Then they won't have anything to sell, and they'll go try to rip someone else off.

------------------
Jeff Zugale
Pagan City Comics
www.pagancity.com
_________________________
Jeff Zugale www.jeffzugale.com/
My "Just A Bit Off..." webcomic

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#454611 - 09/25/00 01:49 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Kady Mae Offline
Member

Registered: 01/26/99
Posts: 466
Loc: Las Vegas, NV USA
You need to find a lawyer who is a member of the CA barr association. (Actually, read your contract again...does it specify a state where disputes must be settled?)

There are *plenty* of entertainment/publishing lawyers in CA.

And you have to be willing to take this to court and hemmorage money over it.



------------------
"Screw Wizard & the blind diseased donkey their Marvel-fawning, zombie fanboy pocket draining goddamned asses rode in on." Matthewwave
And screw 'em at:
http://www.sequentialtart.com
_________________________
"In 1998, a crack commando unit of female comics fans met online and created
a magazine for an industry which didn't support them." ~Laura DePuy
http://www.sequentialtart.com

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#454612 - 09/25/00 03:32 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
Um...I presume a Velux is a photocopy right?
This is not an unusual situation at all it seems. It's just sad that we should have to go out into the world and into our various trades with as much cinicism as we can possibly muster. We've got to trust no one, and save like crazy for the day we really nead a lawyer. We've got to be thick skinned so critics can't reach us. We've got to be prepared for everyone who gives us a job to know more than we do, even when they persist in spelling your name wrong.
Yes, I was naive as f@Łk for years, bright eyed and bushy tailed. How could comics be a dangerous, hostile environment? Espescially as I live and work the other side of the atlantic?
How little I knew.....
Still, makes life more interesting that's for sure, and I won't make that mistake again.
I hope......

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#454613 - 09/26/00 10:43 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Steve Blevins Offline
Member

Registered: 01/24/00
Posts: 38
Loc: Putnam Valley, NY, USA
Hear, hear, Liam!

Most artists I know (and i am one of them) only want to think about art. When the conversation gets tedious, my mind starts drifting and imagining different ways to render the foliage in a old oak tree, or trying to remember a description of a literary character i'd like to illustrate. Many times my response to a direct question is "Huh?" Because I stopped listening twenty sentences ago. And to me, the conversation of businessmen is always tedious. That's how I get in trouble. They're always thinking...i'm always imagining.

And on the subject of copies vs. originals - how can you make copies of your work when you're finishing the last pages in the car on the way to deliver them?

:-)

http://www.geocities.com/sblev99

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#454614 - 09/26/00 12:25 PM Re: "Pitfalls and how not to avoid them" by Liam McS
Jeff Zugale Offline
Member

Registered: 12/06/98
Posts: 1806
Loc: Los Angeles, CA, USA
Uh Steve... better time management??? There's lots of instructional material out there on it, for us right brainers (which of course I've largely ignored as well, LOL). But seriously, what, there's no Kinko's between your home and the MailBoxes etc? At least you can get a Xerox...

And of course if you're all digital, everyone who gets the disk has the original -- NOT! I actually only send my art as flattened TIFF files; I keep the Photoshop files with all the separate layers to myself. And yes, I back up everything, more than one copy, and have the master set in a safe-deposit box offsite (in case my building burns down or gets earthquaked).

I think every artist should get some business instruction under their belt... saves a lot of trouble! Not that I'd know...

------------------
Jeff Zugale
Pagan City Comics
www.pagancity.com
_________________________
Jeff Zugale www.jeffzugale.com/
My "Just A Bit Off..." webcomic

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#454615 - 09/26/00 02:48 PM Re: "Pitfalls and how not to avoid them" by Liam McS
wrtiii Offline
Member

Registered: 07/28/00
Posts: 32
Loc: Ithaca, NY USA
I don't mean to beat this to death, but you should personally notify Ebay that the work being sold is your personal property, fraudulently obtained. Ebay will (and should) pay less attention to a third party. Write to SafeHarbor@eBay.com and see what they say.

You should also immediately contact a law enforcement agency and report this as stolen merchandise, and ask them to contact Ebay. Ebay has information on this at
http://pages.ebay.com/help/community/png-stolenprop.html

They list specific contact info for law enforcement agencies to use.

Don't wait for lawyers - start with the police!

Bill Turner

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#454616 - 09/28/00 04:48 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
The only artwork I know for sure was mine was sold before I found out about all this. That said, they shouldn't have done it. I will certainly look into informing the police. It really has got to be stopped and they should have to explain themselves and be accountable to somebody......

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#454617 - 10/11/00 04:50 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
Just a little addendum,
I've mailed my last note to the C.I.A saying that they must contact me before a certain date or I WILL inform ebay and the police that as far as I'm concerned they have traded stollen/missing goods. Such is their respect for me that they have completely ignored it. They are either supremely confident I won't do anything, or for some reason, which I can't even begin to fathom, they think they're in the right and can win this.
It's one confusing world we live in sometimes......
Thanks to everyone who wrote with comment and suggestions. It's been much appreciated. Cheers.

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#454618 - 11/15/00 09:43 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
Just a note to Bill Turner who suggested the police. I've contacted the Los Altos police department but have yet to recieve a reply. It's been nearly two weeks.
I also contacted Ebay who have also failed to reply to me in that time. The link I was provided with earlier just takes you to a page that defines the law on stollen work and an email address the authorities can contact. There is no obvious place for someone like myself to formally lodge a complaint.
It continues to be eternally frustrating.
The CIA have still, to this date, refused to reply to any of my messages.....

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#454619 - 11/15/00 12:31 PM Re: "Pitfalls and how not to avoid them" by Liam McS
LBTM Offline
Member

Registered: 02/18/00
Posts: 50
Loc: Dallas, TX USA
You also may want to contact the Los Altos Better Business Bureau and file a complaint.

Perhaps the Graphic Artists Guild can refer you to a chapter of the Voulunteer Lawyers for the Arts?

Robert Bostick http://hometown.aol.com/lbtm99rb/portfolio.html

Living Behind The Moon http://hometown.aol.com/lbtm99rb/lbtmhome.html

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#454620 - 11/15/00 12:34 PM Re: "Pitfalls and how not to avoid them" by Liam McS
LBTM Offline
Member

Registered: 02/18/00
Posts: 50
Loc: Dallas, TX USA
Here is a link for information on the VLA
http://www.stus.com/ncs/vla.htm

Robert Bostick http://hometown.aol.com/lbtm99rb/portfolio.html

Living Behind The Moon http://hometown.aol.com/lbtm99rb/lbtmhome.html


[This message has been edited by LBTM (edited 11-15-2000).]

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#454621 - 11/15/00 03:29 PM Re: "Pitfalls and how not to avoid them" by Liam McS
David Seidman Offline
Member

Registered: 10/19/99
Posts: 261
Loc: West Hollywood, California 900...
Liam,

You might also try California Lawyers for the Arts. I found my lawyer through the group; he even had comic-book experience! The website is http://www.calawyersforthearts.org/.

Good luck.

David Seidman

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#454622 - 11/16/00 03:44 AM Re: "Pitfalls and how not to avoid them" by Liam McS
Liam McCormack-Sharp Offline
Junior Member

Registered: 09/21/00
Posts: 14
Loc: Hove, eastsussex, England
This is all really helpful stuff. I let you know how I get on.
Again, thanks to everyone who's had suggestions.

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