Expert: Brian G. Philbin - 5/11/2004

Question
if i create/make up a character and someone wants to
buy my idea, what are industry standars for selling
my idea

Answer
Hi,

Thanks for your question!

The standards are:  that there are no standards.  There are no submission guidelines for doing such a thing and the companies typically don't even want you to (because if they reject you and then create another character later that is similar, you'd likely sue them) unless you're a proven talent and have already been contracted with them.

I'll attempt to explain.  It's very much like Hollywood - there are production companies (comics companies like DC and Marvel), and there are writers, directors, producers & actors (the writers and artists who create the comics).

Depending on one's place in the industry, one is able to make demands of the Comics Companies based on proven talent.  Depending on one's experience in the Independent field, one can make demands on the Comics Companies based on success in that arena.

However - characters are made up/created by the dozens *every month* as Work-For-Hire - in other words, when one contracts to write or draw a specific title each month,  every character that ends up appearing in that title typically belongs to the publisher - because those people hired to create the comic every month are working under contract for that title.  THERE IS NO EXTRA MONEY FOR CREATING THESE CHARACTERS.  

Case in point:  BLADE - yeah, the same character that Wesley Snipes played in the movies.  He was made up by a guy named Marv Wolfman (yes, that's his real name), who was writing a Vampire comic for Marvel.  He made up this character who - 20 years later - made it onto the big screen.  However, Marv Wolfman didn't own the character, Marvel did, because he was under contract to write that comic and his paycheck every month indicated on the back that he agreed that all the work he had produced belonged to Marvel.

Everyone who creates for a big comic book company is a freelancer.  No one who is a writer or artist works for a specific company in the capacity of a full-time employee.

Now, that being said, there is the odd situation - like CrossGen comics, which tried to make full-time employees out of anyone who wanted to work there.  With the understanding that they would live and work in Florida and be under exclusive contract to that company.

Also, there is Image Comics, which was created by a bunch of guys that wanted to leave Marvel Comics and work for themselves.  Also, there is Dark Horse comics, which sometimes acts as publisher for artists who want to own their own characters.

Then, there is the independent, self-publishing field.  Many remarkable properties have come from this well of creativity.  These are guys who started with a piece of paper and some ideas, wrote them down, drew them, then went to Kinko's or some other printer, had their own comics made and became rich beyond their wildest dreams.

Don't believe me?  Okay, I'll name a few movies:  

Road to Perdition - an independent comic that became a movie.
From Hell (story of Jack the Ripper, starring Johnny Depp) - an independent comic that became a movie.
League of Extraordinary Gentlemen - an independent comic that became a movie (written by the same guy as "From Hell").
Men in Black - an independent comic that became a movie.
Spawn - an independent comic that became a movie.
Hellboy - an independent comic that became a movie.
The Mask - an independent comic that became a movie.
Mystery Men - an independent comic that became a movie.
and the mother of them all:
Teenage Mutant Ninja Turtles - an independent comic that became a movie (perfect example of two guys sitting around making up stuff and then deciding to make a comic book on their own - they're worth millions upon millions today, with two syndicated cartoons, several movies, thousands upon thousands of tie-in toys, and the list goes on...).

Most of the above comics were created, published and owned by guys who had never done this stuff before.

The lesson here is - it's best to produce your own comic book and own your own characters.  Go to a local comic store and purchase guidebooks on the subject.  If you don't draw, get someone at a local University who is studying art to help you put character sketches together & then see if either that person or someone else wants to help you create the comic.  Then, find out what is involved and how much it costs to produce about 5-10,000 comics & then find out how to solicit them through Diamond Comics' "Previews" (the only comics distributor and distribution magazine that exist).

Once you've made your mark and have copyrighted your characters, you must vigorously defend your property.  At some point, you may end up being optioned for a movie or somesuch and it might make you a million dollars.

Even if nothing happens other than making a comic book, you at least have the right to say that you created and own your own character... unlike the creators of Superman, who sold their idea for $300.00 and then were cast aside and almost died without credit or even a dime to their name (okay, they were saved in the mid-70's prior to the release of "Superman: The Movie" and were granted rights to have their names next to the word "Superman" and a stipend of a yearly salary that was then only marginally generous and later increased to considerable - but when the decision was finally made, they were in ill health with nothing to their names).

Something to think about, I think!

Hope that's helpful - if you have other questions, please feel free to ask!

Pax, harmonia,

Brian G. Philbin