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TO Comix Press

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What's in an anthology contract?

Contracts exist to protect all the partners involved, and to help clarify expectations. They should help both the publisher and the artist know what's involved in the project, and let everyone make the most informed decision possible.

Here's the contract we use for anthologies, with some notes on why we made these choices. This is designed for an anthology or zine, but not a graphic novel. Graphic novel contracts are a lot more complex, and represent more money and time.

If you find any of this language useful, please, use whatever you can to make the best possible comics.

A sample contract is also available as a Google Doc.

Agreement for materials submitted to Project

This submission agreement is entered into and between: Publisher ( hereafter referred to as Publisher ), and the submitting Artist, Writer, Letterer and/or Colourist ( hereafter referred to as Creator ).

This submission agreement defines terms between Publisher and Creator, that pertain to their writing or artwork ( hereafter referred to as Work ) being featured in Project.

Writers

  1. Writers will submit scripts in Google Docs, Libre Office, Microsoft Word, or PDF format.

Artists

  1. Artists will communicate with their editor and share process work for character designs, thumbnails, pencils, inks, colours, and letters.
  2. Each page must be a separate file, except for two-page spreads which must be submitted as a combined file.
  3. Artwork must conform to the provided templates.
  4. Artists are expected to letter their own stories, although a letterer can be arranged if necessary.
  5. Final pages will be submitted through Google Drive as CYMK TIFFs of 300 DPI or higher.
  6. Here we're clarifying what we expect from the artists. This helps keep everyone on the same page.

Lettering

  1. Lettering must conform to the TO Comix Press style guide.
  2. All lettering must remain inside the live area of the provided templates.

Payment

  1. Writers will be paid X currency per page, to a maximum of Max pages.
  2. Artists will be paid X currency per page, to a maximum of Max pages.
  3. Colourists will be paid X currency per page, to a maximum of Max pages.
  4. If a Creator performs multiple roles, they will be paid for each, to a maximum of Max pages.
  5. The goal here is to reduce uncertainty by specifying page rates per role, page limits, and clarify the currency we're paying in. There's a big difference between USD, CAD, and AUD.
  6. Creators do not receive royalties or other compensation.
  7. Royalties are a logistical challenge when you have 50+ contributors on a book. Dividing revenue by page count, then by writer, inker, colourist, letterer is just impractical. Flat rates are simpler.
  8. Whether the Kickstarter succeeds or fails, all creators will be paid.
  9. While we pay creators either way, it's not wrong to make payment dependent on being funded.However, if payment is conditional, then artists shouldn't start drawing pages until the KS is funded.

Stretch Goal Bonuses

  1. The Kickstarter will have stretch goals to increase the page rates. The final stretch goals numbers will be determined when the Kickstarter launches.
  2. If those stretch goals are reached:
  3. Writers will receive an additional X currency per page.
  4. Artists will receive an additional X currency per page.
  5. Colourists will receive an additional X currency per page.

Payment Schedule

  1. The Publisher will send half the payment after the Creator signs this contract and provides us with their payment information.
  2. Why pay half up front?

    A) it's just good practice.

    B) to get creators to fill in their bio, avatar, and contact information as early as possible. The payment info form includes that information as required fields.

  3. The Publisher will send the second half of the payment after the Work is completed, either 30 days after the Kickstarter ends, or Month Day, Year, whichever date is first.
  4. It's very important to state when people will be paid, and to stick to that schedule. Trust is built on a foundation of prompt payment.
  5. If the page count is increased or decreased between the initial script and the completed Work, the second payment will be adjusted to reflect the new length.
What if I can't afford to pay half up front?

That's okay too! For fan zines or small anthologies, it's understandable that folks won't have that money. Being willing to pay half up front does attract experienced talent, but it's not mandatory if you're just starting out.

Complimentary Copies

  1. Publisher will provide each Creator with X complimentary copies of the book.
  2. Creators deserve copies! We give out three copies for our books.
  3. Publisher will pay the shipping costs to get the X complimentary copies to the Creator.
  4. The publisher should always pay for shipping comps.If a creator orders extra copies, they pay the difference in shipping. So if shipping 3 books costs $20, and shipping 10 books costs $30, the creator will pay $10.
  5. Creators will be able to purchase additional discounted copies up until the book goes to print.
  6. Creators who do a lot of conventions often order 20-50 extra copies. Some creators who prefer to be paid in books only! Unless you're printing on demand, the print cost per unit gets better the more you print, so this is a great thing for both publisher and creator.

Early Bird Bonus

  1. If the Work is fully complete before Month Day, Year, so that it can be used in Kickstarter promotion, each member of that creative team will
  2. receive an additional XX complimentary copies for a total of Total.
    Right now, I think we're unique among anthologies with our Early Bird completion bonus. The more artwork we have available to use in marketing for the Kickstarter, the better we do. Creators who work the con circuit can always use extra comps!

Work Schedule

  1. To be included in the physical printed book, all work must be completed by Month Day, Year.
  2. Earlier completion, especially for use with the Month Year Kickstarter, is ideal.
  3. Publisher reserves the right to require reasonable revisions to a Work in order to ensure that the Work meets Publisher's quality standards for publication. Creator shall receive reasonable notice of such standards and reasonable time to revise the Work accordingly.
  4. Publisher also reserves the right not to publish a Work if, by Month Day, Year, the Work still fails to meet Publisher's quality standards for publication. If the Work is not published, the Creator is restored all rights to first publication and may use it immediately in other contexts. The Creator will still be paid for their work.

Rights

  1. Creators grant Publisher ongoing permission to publish the Work in print and electronic formats ad infinitum. This includes reprints and digital sales containing the Work.
  2. If we had to get permissions from all 50 creators each time we did a reprint, it'd be logistically impossible.
  3. Creators grant Publisher the exclusive right of first publication until one year after the book launches or Month Day, Year, whichever is first. After this date, Creators may include Work in other forms of publication and media.
  4. This means we don't have to compete against another book or site with the same content. We also set a clear lapse date, so that the rights for a story aren't locked in limbo.
  5. Creators are encouraged to post process work on their social media, but not the final lettered pages until the right of first publication expires.
  6. Creators grant Publisher permission to use Work and Creators’ names or professional pseudonyms in marketing and promotion.
  7. Creators retain exclusive copyright to the Work, including story, characters and artwork, for all media including print, web and film.
  8. Creators give us the right to print this specific piece of sequential artwork, and that's it. They keep their characters, their IP, media rights, and everything else.If you wanted to make a work-for-hire anthology where the publisher keeps more rights, you need to pay a high page rate.
  9. Creators confirm that they own all copyrights to the Work, and assume any and all liability for submitting Work to which they do not own the copyright.
  10. To protect ourselves, we ask the creator to be responsible for owning the copyright to the work they submit.If they snuck in pictures of the Mouse Who Must Not Be Named into a panel without us being aware of it, and MouseCorp One sued us, we need to be able to wiggle free.
I understand and agree to this submission document.
NameSignatureDate
Creator McNameSignatureMonth Day, Year
Publisher NameSignatureDate
Publisher McNameSignatureMonth Day, Year
What happens if someone doesn't abide by the contract?

Anthologies are often international, and the small amount of money involved often mean taking a disagreement to court isn't practical. If the violation is severe and causes real damages, then this contract can still be useful in court.

As a publisher, if a creator breaks the contract, we'll pay out their remaining fees, and most likely never work with them again.

As a creator, if the publisher breaks the contract, make a note about who in the editorial team is responsible, and consider never working with them again.

Of course, sometimes things go wrong, and it's no one's fault. It's best to be understanding and kind, but it's also important to take care of yourself as well.