Yesterday, we finished paying for the Ebin & May trade and went over the blueline proof. Everything looks nice, can't wait for the finished books now.
Then, we stopped at Target to get a couple of household items, and discovered that Target's Halloween stuff is in stock and looks adorable- and it's cheap, cheap, cheap. So, to all the fellow spooks on my flist, get to Target! Maybe it's the fact that I grew up watching The Munsters and The Addams Family, but for some reason, I think Halloween items can be used all year round if they are not too orange. Yep, closet goth, that's me. I'm going to have to go back after Halloween and pick over the remains when it all gets reduced to 50%-75% off. ^_^
Meanwhile, the discussion of the elephant in the living room that is the whole TokyoPop contract thing continues at
matthigh's journal. You can read it here. I should say, I am not advocating that people not work there at all, just that they go in with their eyes open. I am just categorically opposed to companies taking the rights to people's creations, coming up as I did in the early 1990's, and having read all the history of the industry before that. The very idea is abhorrent to me, on every level. A creation is like a child, and why would you sell your child to the highest bidder to get a brand name stamped into its cheek?
At any rate, I am kind of happy this is coming to light either way. When friends of ours first got these contracts full of ownership clauses and first-refusal rights clauses and royalty caps, we tried to warn them- not to get them to quit, but because we were worried and concerned. We were pretty much ignored until things started to go south. So in a way, it's kind of interesting to see other people talking about this subject and being open about it.
EDIT: A wonderful dear friend of mine made an excellent, though locked, post where they broke down some of the math involved. This person has been pitched to by TPop to submit, and has friends who have books there, so they do not want to cause distress to anyone, and thus are remaining anonymous. However, I have been given permission to repost their mathematics breakdown publically. So, under the cut, we will have "Fun With Math!":
I have to say this again in big letters because people are thinking I am some kind of math whiz here or something- I DID NOT COME UP WITH THIS FUN WITH MATH THING. I am just reposting it with kind permission from a friends-locked post.
Let's have some Fun with Math!
I'll be conservative and only talk about the first printing while upscaling the production costs.
The first printing of a book is 20,000 books @ 10.00 each retail. Let's say that 50% of the retail goes to the retailer/wholesale house/distributor. That means that 5 dollars of every book goes back to the publisher. You've been distributed, now you have to pay for the books. When you're printing such large runs, your books are much less expensive. Especially little black and white books with color covers on standard/cheap stock. Let's say that 1 dollar of this money goes to the print house to produce the book (this is a gross overstatement of the price of their little books, but it makes the math easier). That leaves 4 dollars from the original ten that goes back to the publisher.
Here's where the big scary math happens: 4 dollars per book with a run of 20,000 = $80,000 that goes back to the publisher. I was pitched that most young creators start out being paid $4,000 -$10,000 per book. Let's be generous and say that our mock-up creator was paid $7,000 for the book. That leaves $70,000 (minus $3,000 for editorial/design/company dealings as each editor manages many many books and the design is cookie cutter) profit for the publisher on a $20,000 investment. Over three times the investment rate- pretty good. Most of their books are reprinted at least twice (again, direct from the pitch) So why are they pitching themselves as a creator friendly company that stands to lose money every time that they publish something new?
Here's some more Fun with Math!
If you're young and hungry (or even if you're not so young and pretty poor), $7,000 sounds like a nice chunk of change for a 120 page book outlay. Especially if you go by the standard 'produce a page a day'. The hypothesis is that you can then put out three books a year and make $21,000 . You can live on $21,000 if you're in a small apartment in a less expensive city (or buy lots of toys if you're in your parent's basement, cough cough). So what's the problem?
Let's go further into this. If you're paid $7,000 for 120 pages, you're making $58.33 a page. You have to produce 7 pages a week. That means 7 fully inked, toned, lettered pages a week (no weekend, no time off, no mercy because you have to produce or you don't eat!). Most people working for TP don't letter or tone their own pages. That means you have to split your profits down. Let's say that you contract out to your friend Bernie to tone and letter your pages at $12 a page (he's a good friend and is cool with working for peanuts to get his name in the credits). That knocks your daily take down to $46.33. This is the point where you'd make more money working at Burger King, for those keeping track. What happens if you break your foot while out running? You don't have insurance, but you can't ignore your injury. That's (about) $2,000 and a week away from your work- a total $2,324.31 loss. That puts you down to $18,675.69 a year.
The scary part:
Okay, that still seems like a lot of money, right? What if TokyoPop decides that they only want to publish two of your books this year? That drops you down to $14,000 and after your injury adventure, you're down to 11,675,69. Look at basic rent $3,600 (300 a month which is assuming that you have a roommate) Basic food: $1,800 (150 a month, assuming you like ramen a lot and drink coffee a good deal), basic transportation $2,400 ($200 a month, assuming you have a crummy car or take the bus everywhere and fly to conventions) and art supplies $1000 (paper and good ink isn't cheap, neither are the new programs you'll need to scan and produce your pages)... You're down to $2,875.69 Buy yourself a couple of toys, a tablet, and eat out a couple of times. You're at a dead run with no margin of savings. One paycheck away from homeless.
The really scary part:
What happens when TokyoPop decides that they only want to publish one of your books? Even without the foot adventure (which I've added just because unexpected costs do come up. I could have easily added in a pet injury or a problem with family), you're in debt and can't do a thing to get out of it because you've signed away your rights to complain or go to another company. Why isn't this being talked about? Right to first publish isn't a guarantee that they will publish everything you produce.
One more time: I, Elin, did not write everything you see there in italics. It's nice that it is being credited to me, but all I did was hit the copy and paste. ^_^ No, I can't reveal the name of the person who did write it. Sorry, they asked me not to.
That is some damn scary math. Considering if you were working full-time, full-bore on comic pages, you would not have time to work another job to make ends meet. And you would really need to, because last time I checked, trying to live like an independent adult on less than or around $10k a year is nigh-on impossible. You would be required to either live with your parents, or live with a very understanding boy/girlfriend or spouse who is willing to foot the bills while you work on comics all day, every day, with no breaks. Retail wageslave register jockey jobs pay more, and you get benefits and don't have to worry about paying self-employment taxes.
Then, we stopped at Target to get a couple of household items, and discovered that Target's Halloween stuff is in stock and looks adorable- and it's cheap, cheap, cheap. So, to all the fellow spooks on my flist, get to Target! Maybe it's the fact that I grew up watching The Munsters and The Addams Family, but for some reason, I think Halloween items can be used all year round if they are not too orange. Yep, closet goth, that's me. I'm going to have to go back after Halloween and pick over the remains when it all gets reduced to 50%-75% off. ^_^
Meanwhile, the discussion of the elephant in the living room that is the whole TokyoPop contract thing continues at
At any rate, I am kind of happy this is coming to light either way. When friends of ours first got these contracts full of ownership clauses and first-refusal rights clauses and royalty caps, we tried to warn them- not to get them to quit, but because we were worried and concerned. We were pretty much ignored until things started to go south. So in a way, it's kind of interesting to see other people talking about this subject and being open about it.
EDIT: A wonderful dear friend of mine made an excellent, though locked, post where they broke down some of the math involved. This person has been pitched to by TPop to submit, and has friends who have books there, so they do not want to cause distress to anyone, and thus are remaining anonymous. However, I have been given permission to repost their mathematics breakdown publically. So, under the cut, we will have "Fun With Math!":
I have to say this again in big letters because people are thinking I am some kind of math whiz here or something- I DID NOT COME UP WITH THIS FUN WITH MATH THING. I am just reposting it with kind permission from a friends-locked post.
Let's have some Fun with Math!
I'll be conservative and only talk about the first printing while upscaling the production costs.
The first printing of a book is 20,000 books @ 10.00 each retail. Let's say that 50% of the retail goes to the retailer/wholesale house/distributor. That means that 5 dollars of every book goes back to the publisher. You've been distributed, now you have to pay for the books. When you're printing such large runs, your books are much less expensive. Especially little black and white books with color covers on standard/cheap stock. Let's say that 1 dollar of this money goes to the print house to produce the book (this is a gross overstatement of the price of their little books, but it makes the math easier). That leaves 4 dollars from the original ten that goes back to the publisher.
Here's where the big scary math happens: 4 dollars per book with a run of 20,000 = $80,000 that goes back to the publisher. I was pitched that most young creators start out being paid $4,000 -$10,000 per book. Let's be generous and say that our mock-up creator was paid $7,000 for the book. That leaves $70,000 (minus $3,000 for editorial/design/company dealings as each editor manages many many books and the design is cookie cutter) profit for the publisher on a $20,000 investment. Over three times the investment rate- pretty good. Most of their books are reprinted at least twice (again, direct from the pitch) So why are they pitching themselves as a creator friendly company that stands to lose money every time that they publish something new?
Here's some more Fun with Math!
If you're young and hungry (or even if you're not so young and pretty poor), $7,000 sounds like a nice chunk of change for a 120 page book outlay. Especially if you go by the standard 'produce a page a day'. The hypothesis is that you can then put out three books a year and make $21,000 . You can live on $21,000 if you're in a small apartment in a less expensive city (or buy lots of toys if you're in your parent's basement, cough cough). So what's the problem?
Let's go further into this. If you're paid $7,000 for 120 pages, you're making $58.33 a page. You have to produce 7 pages a week. That means 7 fully inked, toned, lettered pages a week (no weekend, no time off, no mercy because you have to produce or you don't eat!). Most people working for TP don't letter or tone their own pages. That means you have to split your profits down. Let's say that you contract out to your friend Bernie to tone and letter your pages at $12 a page (he's a good friend and is cool with working for peanuts to get his name in the credits). That knocks your daily take down to $46.33. This is the point where you'd make more money working at Burger King, for those keeping track. What happens if you break your foot while out running? You don't have insurance, but you can't ignore your injury. That's (about) $2,000 and a week away from your work- a total $2,324.31 loss. That puts you down to $18,675.69 a year.
The scary part:
Okay, that still seems like a lot of money, right? What if TokyoPop decides that they only want to publish two of your books this year? That drops you down to $14,000 and after your injury adventure, you're down to 11,675,69. Look at basic rent $3,600 (300 a month which is assuming that you have a roommate) Basic food: $1,800 (150 a month, assuming you like ramen a lot and drink coffee a good deal), basic transportation $2,400 ($200 a month, assuming you have a crummy car or take the bus everywhere and fly to conventions) and art supplies $1000 (paper and good ink isn't cheap, neither are the new programs you'll need to scan and produce your pages)... You're down to $2,875.69 Buy yourself a couple of toys, a tablet, and eat out a couple of times. You're at a dead run with no margin of savings. One paycheck away from homeless.
The really scary part:
What happens when TokyoPop decides that they only want to publish one of your books? Even without the foot adventure (which I've added just because unexpected costs do come up. I could have easily added in a pet injury or a problem with family), you're in debt and can't do a thing to get out of it because you've signed away your rights to complain or go to another company. Why isn't this being talked about? Right to first publish isn't a guarantee that they will publish everything you produce.
One more time: I, Elin, did not write everything you see there in italics. It's nice that it is being credited to me, but all I did was hit the copy and paste. ^_^ No, I can't reveal the name of the person who did write it. Sorry, they asked me not to.
That is some damn scary math. Considering if you were working full-time, full-bore on comic pages, you would not have time to work another job to make ends meet. And you would really need to, because last time I checked, trying to live like an independent adult on less than or around $10k a year is nigh-on impossible. You would be required to either live with your parents, or live with a very understanding boy/girlfriend or spouse who is willing to foot the bills while you work on comics all day, every day, with no breaks. Retail wageslave register jockey jobs pay more, and you get benefits and don't have to worry about paying self-employment taxes.
- Mood:
tired

Comments
Um. If that's the case, then I guess I'm like that woman who keeps having kids. (Except for the mullet. If I ever grow a mullet, somebody shoot me.) At last count, I had 10 different storylines running around in my head and filling my sketchbooks, and I expect more will keep popping out. (And that's not even including the stories/universes I adopt as my own and change beyond recognition. The list of non-canon ElfQuest characters alone...eek!)
Look at my avatar, even! That's one of my characters! They're everywhere!
holy crow...
You know me. I've been working the comics since the late 80's, practically full time for the last 5 years.... and one of TP's trades at their base creator price is not much more than I've ever made in the industry AT ALL. You KNOW how much I've busted my bum for far less.
And unless you're working for someone else, independent animations even worse (same sort of income rate, much more expensive outlay).
They main problem I have with the TP contracts that everyone is talking about is the ownership. Almost all examples of co-ownership have turned UGLY! (Disney/Pixar being one that comes to mind), with only one exception that I can think of (TMNT).
Remember, 'right of first refusal', is not the same as 'right of first printing'. And with all the banner going around I can't tell which it is because people are using the terms interchangeably (when they are not).
There have been far worse contracts out there (Sirius, anyone?) Disney is famous for them. If you don't watch it, you could sign away not only your current work but all previous work and future work. Heck with the way a few are written, you can't even take out your own trash, technically, since then you'd be 'working for someone else'. Disney, however is more than willing to renegotiate if you don't like the terms.
I see this type of thing all the time. It's nothing new. While the money better than what I've been getting, it doesn’t mean I'll sign it either. At least not as first presented. If they don't want to renegotiate, then I'd walk away. Done that before too. ~.^
Right of first refusal on all your subsequent works can become a sticking point also. Say you come up with another project- TPop doesn't want to print it, but to protect their investment (the artist), they could drag out the refusal for *ages*, meaning you couldn't take it someplace else in the meantime. Wait long enough, and interest could die on the vine. The issue I see with the contracts is that TPop has all the power and say-so, and the artists have very little.
Radio *is* tiny. We are limited in our resources. But we are 100% behind our artists and their creations- and if an artist wants to make a movie or go some place else, then that's up to them and they are free to do so. (If someone leaves, we like them to tell us first just out of politeness, but if they wanna go, they wanna go! Heck, we've even helped artists get work at other companies, though it has meant less stuff for us to print!)
Terri Wood's work suffered the same fate as the others, unfortunately.
If a project can't wait to see the light of day, then it probably won't have the legs to sustain itself in the long run. In the entertainment industry, 'Right of first refusal' is a way of life. Live with it. However, all 'rights of first refusal' should have a sunset clause applied stating that they have to decide by a certain time wither to buy into a project or not (typically 30 days), and not just limbo it. If that clause is not there, they, ya, they're jacking you.
Remember, Radio's not the only folks I've worked with. I know you're tiny. But with your *smallness* comes great freedom. That's the trade-off. The bigger you are and the more money involved, comes more BS to wade threw. That's just the way the world works. I seemed to have traded money for freedom. But a free man is not always a happy man. And that applies to creative rights as well.
As I'm typing this, meg is running around in a witch costume trying to fly on her broom...
This year niki and I setting out to break our old record of 10 lbs. of candy from the year before last.
I also like carusing Spirit. I know San Antonio has thier share of them, that placer always smells like Haloween!
So Big E, what are ya'lls plans for all hallows eve?
when you're a teenager you're told you're too old to trick or treat, when you're the parent walking with them, they practically stuff the candy down your throat...lol Its nice ^_^ well not the candy down the throat but hehehe
candy *_*
I always have an extra bag that I carry along , the bag is for the "sibling who is sick at home"
now that I have two kids, that means THREE bags!
hey it's free candy, Hate the game ,don't hate the Player!
Sucks for us artists who took a gamble at the style long before some of the capatalistic johny-come-latelies. So much for being on the 'ground floor' to see our 'long term investment' ripped right out from under us.