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Suggested Final Draft with Annotations by the Author.
For the survival and health of comics, we recognize that no single system of commerce and no single type of agreement between creator and publisher can or should be instituted. However, the rights and dignity of creators everywhere are equally vital. Our rights, as we perceive them to be and intend to preserve them are:
1. The right to full ownership of what we fully create.
This means copyright and trademark. The term fully create is open to debate. Siegel and Schister fully created Superman in my view, reagardless 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.2. The right to full control over the creative execution of that which we fully own.
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.3. The right of approval over the reproduction and format of our creative property.
This is my suggested wording change. I prefer approval over to 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 alredy 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.4. The right of approval over the methods by which our creative property is distributed.
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.5. The right to free movement of ourselves and our creative property to and from publishers.
No, this doesn't mean we have the right to breck 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.6. The right to emply legal counsel in any and all business transactions.
I don't think this one needs any explanation.7. The right to offer a proposal to more than one publisher at a time.
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.8. The right to prompt payment of a fair and equitable share of profits
derived from all our creative work. I think this is pretty self-evident.9. The right to full and accurate accounting of any and all income and disbursments relative to our work.
These two articles apply to all comic writers and artists, not just creator-owners (also true of Numbers 5, 6 and 10). They arern't particularly controversial, but they are being violated - constantly.10. The right to prompt and complete return of our artwork in its original condition.
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.11. The right to full control over the licensing of our creative property.
Again, this one follows naturally from the first right. Ownership would be meaningless without this kind of control.12. The right to promote and the right of aproval over any and all promotion of ourselves and our creative property.
'Nuff said.
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