OT: the TokyoPop contract controversy

[ratzo]

Say Ron, I don't know if you've been following any of the recent discussion (http://www.the-engine.net/forum/index.php?webtag=ENGINE&msg=426.1) about TokyoPop's contracts for rookie American creators, but if so, I was wondering: from my limited understanding of it, it sounds very similar to what CrossGen offered with their Code 6 line, and there was a lot of controversy around that as well. From what you can tell, how similar is it? I remember when Code 6 was announced people were pretty much saying the same things about it that they are about TokyoPop now - that the publisher has too much control, creator rights shouldn't be given away, etc. IIRC, Code 6 offered a bunch of other incentives but the creators would always maintain their minority share of the profits no matter what. I realize Code 6 is no longer around but this case seems so comparable I thought I'd ask your opinion.

[Ron Marz]

I'm really not that familiar with TokyoPop's deal, but I skimmed the link you sent, and it does seem somewhat similar. CG's Code Six deal had various implementations, but the most common one was that the creator's owned 25% and the company owned 75%. There were also some 51%-49% deals, but with the company again having controlling interest (mostly due to retaining control to negotiate media deals, etc.). Most times, industry standard page rates went along with the deals.

Is a deal like Code Six or TokyoPop's fair? In the long run, maybe not. But a lot of "rookie" creators would opt for a deal in which they give up some ownership -- and receive a page rate -- rather than no deal at all, or the "no advance money" deal at Image. It's a way to do publish your work and make a few bucks while you're doing it. I do know a few guys who are presently doing work for TP, and from what I'm told, their page rates ain't great.

There are a lot of different deals out there ... though most of them (Image, Speakeasy, Alias) don't pay you any up-front money/page rate. You work for free and hope to reap a profit on the back end. Truth is, there are SO many people just dying to have their work printed, that publishers really have the advantage. If there are people who are literally willing to work for free, and thereby make money for the publishers, publishers are more than willing to let them do it.

I personally went with Dark Horse because you retain 100% ownership, get a page rate, and then split profits. That was the best for me. Everybody makes their own decisions.