General Discussion

Do we really own the rights to our comics?
ArtPhr33k at 9:26AM, Sept. 27, 2006
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I took my comic off drunk duck…maybe you should too? I am disgusted by this, everyone read this—> http://www.platinumstudios.com/news/article.php?article=138


*tap tap tap* Are you done reading? Ok. Were you scared too? For those of you too impatient to read, heres the synopsys. You may have to review what rights we own on the comic in Drunk Duck. It got bought by Platinum Studios last month (but only announced this morning). They plan to take popular comics and make merchandise - only instead of it being profitable for the comic creators, they're basically telling us to bend over and take it. it's a 90/10 split, with 10 going to them, but after cost… so 10 percent of PURE PROFIT.

Do you want your comic to remain YOUR PROPERTY? Then take it off Drunk Duck. Find another hosting company if you want. But I'm not that trusting. As for me and Pomm, we're going to make our own website to host our own comic on so something like this underhanded dirty work can't happen to us.

Personally, I love Drunk Duck and all the comics on it. But I think they arin't going to get the message unless a significant amount of people complain, or leave. If you don't care what happens to your comic then by all means. Stay. I however, plan on marketing Pink Rutabaga some day as my own property and don't want some profit stealing company to do it for me.

Man…I hope Drunk Duck doesn't erase this topic…
last edited on July 14, 2011 11:02AM
SpANG at 9:29AM, Sept. 27, 2006
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Man…I hope Drunk Duck doesn't erase this topic…
Why would we? There are like 5 OTHER THREADS talking about the same thing.

Too bad you can't be bothered to read responses over there. :roll:

If you haven't signed an agreement about merchandising your comic, then this won't even affect you.

Now, GoA did. It affects us. It was a whole 23 page "option agreement". If you haven't signed anything to this affect (and no, the "registration agreement does not count), then there is nothing you should be concerned about. Oh, and, by the way, The comic GoA is still property of Chuck, not PS. It's a stipulation in the contract that PS put in.

And the 90/10 is actually pretty good, when you consider PS will be putting up the cash for production, advertising, and shipping. You can go to cafe press and TRY to sell a T-SHIRT for $22.00. Yeah, good luck with that. Or do it on your own and worry about shipping and handling costs. Been down that road, too.
Considering that PS can get to at LEAST 90% more people, I'd say you break more than even, anyway.

But if you'd like to leave, that's your call.

.: SpANG! :.
“To a rational mind, nothing is inexplicable. Only unexplained.”
last edited on July 14, 2011 3:51PM
Hawk at 10:12AM, Sept. 27, 2006
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ArtPhr33k, you should go reading deviantArt's fine print, because your art's in way more danger there than it is on Drunk Duck. And it's probably pretty safe even on DA. But will you take your art down from DeviantArt based on the fact that their legal fine print gives them the right to make prints and profit from your art? No, because that's a provisionary clause in case you decide to make prints. And how much will you make? The profit ratio's probably about 90:10.

These other guys explained it, and it's been explained in other threads. I don't feel the least bit worried about the safety of my comic. It was safe before, and nothing will change until they approach me to work out a deal.
last edited on July 14, 2011 12:45PM
Enef at 10:15AM, Sept. 27, 2006
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Hawk
ArtPhr33k, you should go reading deviantArt's fine print, because your art's in way more danger there than it is on Drunk Duck. And it's probably pretty safe even on DA. But will you take your art down from DeviantArt based on the fact that their legal fine print gives them the right to make prints and profit from your art? No, because that's a provisionary clause in case you decide to make prints. And how much will you make? The profit ratio's probably about 90:10.

These other guys explained it, and it's been explained in other threads. I don't feel the least bit worried about the safety of my comic. It was safe before, and nothing will change until they approach me to work out a deal.

On DA you get 10% for sure, unless you buy a special account, which is an extra $20 or so, then you get 50%.
last edited on July 14, 2011 12:22PM
OutofLine at 10:20AM, Sept. 27, 2006
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So what you're saying is that you have to use your cut of the money to cover the costs of the merchandise while Platinum make pure profit?

You have to spend money to make money. It's how businesses (even Platinum Studios) work.

Also, the 90/10 split doesn't seem so bad. That large chunk of the money would help you break even, or even make a tidy little profit.

The only thing you have to worry about is if DrunkDuck will go all DeviantART and start having two "tiers" of service, e.g, one for those who pay for their "subscription" and those who don't pay at all.

Besides, it's not like everybody will go mad and start selling merchandise of their comics ASAP.

Also, it's not like PS is FORCING you to sell merchandise. You don't have to sell anything if you don't want to. :)
last edited on July 14, 2011 2:23PM
spambot at 10:28AM, Sept. 27, 2006
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That's a better ratio than you can usually get out of Cafe Press. So if they make some quality stuff (unlike Cafe Press), it could be pretty cool.

I'm also doing that other comic "Space Waffles".
We now have a podcast called The Random Pirate Comics Show!
last edited on July 14, 2011 3:50PM
Ronson at 10:39AM, Sept. 27, 2006
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ArtPhr33k
Man…I hope Drunk Duck doesn't erase this topic…

We won't delete it, but there are several threads about this already.

I did change the title of your post from "Do we really own the rights to our comics? No." to "Do we really own the rights to our comics?"

The reason is because the answer is "yes." The fact that you pulled your art of DD and the lawyers aren't chasing you is proof of that, but I know some people get paranoid about stuff like that.

The 90/10 deal is with the artist's consent, so please try to relax.
last edited on July 14, 2011 3:10PM
gigatwo at 12:31PM, Sept. 27, 2006
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ArtPhr33k
(but only announced this morning)
Not really.
last edited on July 14, 2011 12:35PM
Inkmonkey at 1:06PM, Sept. 27, 2006
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Yes, thank you, ArtPhreek, for overreacting and removing a comic I really enjoyed for reasons that don't make any goddamn sense. The rates aren't the best in the world, but for a new series it's still a big gamble on their part. Y'know, aside from the fact that the entire process is completely voluntary and, if you don't like it, you can just sell stuff on your own.
last edited on July 14, 2011 12:59PM
gigatwo at 2:10PM, Sept. 27, 2006
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OutofLine
The only thing you have to worry about is if DrunkDuck will go all DeviantART and start having two "tiers" of service, e.g, one for those who pay for their "subscription" and those who don't pay at all.
Lol, that used to exist, and it wasn't all that bad.
last edited on July 14, 2011 12:35PM
Mojo at 3:52PM, Sept. 27, 2006
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From the new FAQ:

Q: Do I still own the rights to my comic once I upload it to DrunkDuck?

A: YES YOU DO. YES. One more time just to be clear: Yes! Drunk Duck offers free hosting, and a community for webcomics. We DO NOT own any rights to YOUR comics. Federal copyright law is VERY CLEAR on this and is designed to protect the creator. Anybody telling you differently is uninformed or lying. On the other hand, if somebody offers you a contract, such as a purchase agreement or option agreement, be it Platinum Studios or Marvel or Simon & Shuster, you should read it carefully, take it to your attorney, and get a clear understanding of what rights you might be giving up once you sign a contract and how much money you may be getting in return. But the choice will always be yours.


Answers that clear enough.
last edited on July 14, 2011 2:07PM
Rich at 4:24PM, Sept. 27, 2006
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What the fuck? We got new admins too? Wasn't Skool, Ronson, Spang, BK, and Volte enough?
last edited on July 14, 2011 3:06PM
Inkmonkey at 5:16PM, Sept. 27, 2006
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Rich
What the fuck? We got new admins too? Wasn't Skool, Ronson, Spang, BK, and Volte enough?

Oh no, not admins! When will the madness cease!!?? What Hell hath thou brought upon this fair Duck, squires!



I hope Rich was joking too.
last edited on July 14, 2011 12:59PM
Rich at 5:23PM, Sept. 27, 2006
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Yes, I was joking on that one. I'm sure whatever admins Platinum forces on us all won't be assholes. After all, there is no faster way to fuck a community than to put assholes in charge.
last edited on July 14, 2011 3:06PM
Comicmasta at 5:24PM, Sept. 27, 2006
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I have an Idea, MAKE YOUR OWN SITE TO HOST YOUR COMICS, theres freewebs (alot of people here are gifted with html so they can give that a shot) or moon fruit, go daddy, ECT.



actually thats not a bad Idea, i might even give it a shot.
i have been brought back….The Boanitia..grrrrr…..Must find Super Jesus!!!!!
last edited on July 14, 2011 11:43AM
Rich at 5:27PM, Sept. 27, 2006
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The thing is that some of us can't code a site to save our lives.
last edited on July 14, 2011 3:06PM
Mimarin at 5:31PM, Sept. 27, 2006
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Drunkduck is better than having your own site if you aren't already famous full stop, it has other people who are interested in your medium just floating around, there's not a better place to get exposure, plus it's free. DD>other website.
Of course you will. All intelligent beings dream. Nobody knows why.

Also, tell random people they are awsome! it helps!
last edited on July 14, 2011 2:02PM
Mojo at 6:28PM, Sept. 27, 2006
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Thanks Rich.
last edited on July 14, 2011 2:07PM
Rich at 6:29PM, Sept. 27, 2006
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Mojo
Thanks Rich.

Your plenty welcome. I have a strong feeling you'll like it here…
last edited on July 14, 2011 3:06PM
Red Slayer at 9:17PM, Sept. 27, 2006
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This is not helping my paranoia.

I only hope any changes aim for the best, there are a bunch of things i love about both the forums and the site and if any of those things change i'll go nuts!

Honest, my mind has been very fragile as of late.
last edited on July 14, 2011 3:02PM
Inkmonkey at 4:33AM, Sept. 28, 2006
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Well, it seems some technical aspects of the forum are going to be a bit wonky for the time being, but I doubt any mandatory changes are going to be made on the comic hosting end. Hell, even the “homepage” option is completely optional.
last edited on July 14, 2011 12:59PM
skoolmunkee at 7:24AM, Sept. 28, 2006
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Red Slayer
This is not helping my paranoia.

I only hope any changes aim for the best, there are a bunch of things i love about both the forums and the site and if any of those things change i'll go nuts!

Honest, my mind has been very fragile as of late.

I know you are serious but your avatar makes that post seem kinda funny. :)
  IT'S OLD BATMAN
last edited on July 14, 2011 3:39PM
Red Slayer at 10:54AM, Sept. 28, 2006
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skoolmunkee
Red Slayer
This is not helping my paranoia.

I only hope any changes aim for the best, there are a bunch of things i love about both the forums and the site and if any of those things change i'll go nuts!

Honest, my mind has been very fragile as of late.

I know you are serious but your avatar makes that post seem kinda funny. :)

Colbert commands IT!
last edited on July 14, 2011 3:02PM
Rich at 4:34PM, Sept. 28, 2006
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Because I'm bored and feel like stirring shit up, here's the copywrite thingy in the privacy policy.

Someone
All materials contained in this website (“Website Materials”) including comic strips, books, art, illustrations, images, or text are trademarks or copyrighted materials owned and controlled by Platinum Studios, LLC or its subsidiaries, affiliated entities and/or third-party licensors and/or individual creators, and are protected by applicable trademark and/or copyright law

It states that everything here is owned by Platinum OR individual creators. Therefore it means that Platinum DOESN'T own everything here.

And from my experience with legal documents (Trust me, despite my rather immature actions, I have a lot), this is pretty sound with virtually no real loopholes I can see. Hell, it almost seems scripted to keep outside sources from stealing stuff. I think we can rest calmly for the time being.
last edited on July 14, 2011 3:06PM
Ronson at 5:02PM, Sept. 28, 2006
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I'd like to add that that line existed since Platinum came in in July. It wasn't a change or an add-on because of the worries. The FAQ was changed to allay fears.
last edited on July 14, 2011 3:10PM
phinmagic at 12:52AM, Sept. 29, 2006
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Okay, am I reading this right. 90/10 split and WE get 90%? And someone is complaining?

Have any of you self published? That's 60/40, and YOU get the 40, after paying for the printing, you MAY break even.

It sounds lovely to me…

Barry
Phinmagic

last edited on July 14, 2011 2:43PM
skoolmunkee at 1:23AM, Sept. 29, 2006
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phinmagic
Okay, am I reading this right. 90/10 split and WE get 90%? And someone is complaining?

Have any of you self published? That's 60/40, and YOU get the 40, after paying for the printing, you MAY break even.

It sounds lovely to me…

Barry

Sorry, you aren't reading that right :) It WOULD have been 90/10, 10 for the creators. However, that was a misquote on the NYTimes part. Platinum hasn't figured out what merchandising deals they will have and percentages may work out differently. The 90/10 thing was probably an offhand comment or unrelated information that the NYT reported incorrectly (or probably just shouldn't have included). This will hopefully be cleared up more fully by someone from Platinum, soon.
  IT'S OLD BATMAN
last edited on July 14, 2011 3:39PM
Ronson at 5:21AM, Sept. 29, 2006
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The things you have to remember with newspaper articles is that:

a. They get stuff wrong all the time.

b. They write to appeal to the most people.

c. If the writer doesn't understand the subject (webcomics, in this case), it will show in his article. Which this one did in spades.
last edited on July 14, 2011 3:10PM
carrollhach at 10:03AM, Sept. 29, 2006
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All this stuff about “stealing a comic” is nonsense. You have a copyright notice and it's yours unless you sign an agreement ststing otherwise. Only you can draw it, write it, whatever. The rest is so much stuff. I see garfield reusing Peanuts gags all the time. I see other strips ripping off Watterson. You know what? They can TRY, but at best they make a little shadow puppet.
Don't worry. Don't be happy, either. Just the best work you can all the time and you'll be fine.

jc
Josh Carrollhach
For profile inormation, other comics and general blog stuff, please check out
http://www.drunkduck.com/Clench_and_Cheese/
The Clench and Cheese Blog
last edited on July 14, 2011 11:36AM
Corvin at 12:36PM, Oct. 14, 2006
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SpANG
Now, GoA did. It affects us. It was a whole 23 page "option agreement". If you haven't signed anything to this affect (and no, the "registration agreement does not count), then there is nothing you should be concerned about. Oh, and, by the way, The comic GoA is still property of Chuck, not PS. It's a stipulation in the contract that PS put in.

i know it's a bump, but is it possible to see a blank copy of the merchandising agreement for research purposes? a friend of mine is concerned that the TOS is too vague to protect our rights, and she wants to see the language Platinum is using to confirm our rights as creators.

i understand what everyone here has said so far, that we do still own our rights, but forums that are editable do not equal legal agreements.

if a copy is not releasable, why not?

Corvin
last edited on July 14, 2011 11:46AM

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