Heya! Long time no see, all.
I was just wondering; is anyone here going to enter the Comic Book Challenge that's been on the banner ad up top?
If not, why not?
And if you are, can you tell me if you've noticed any stipulations? I see nothing pertaining to creator's rights to the property after submission listed anywhere on the site.
That makes me a bit hesitant to send in my 'Golden Idea'…I don't want to see my story co-opted by the Corporate Machine ™ without me getting my fair slice of the pie. Then again, I don't want to miss the boat.
What do you think?
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Comic Talk and General Discussion *
The Comic Book Challenge...Anyone?
agreement (you get there on the last signup page) [spooky text bolded by me)
SUBMISSION OF MATERIAL AGREEMENT
Platinum Studios, LLC
By clicking below I ("the Contest Participant") have submitted to Platinum Studios, LLC ("Platinum" or "you") the story concept I have described (the "Material"), and I request Platinum read and evaluate the Material subject to the Standard Terms and Conditions hereof. The contest participant acknowledges and understands that prior to Platinum reading and evaluating such Material, and as a condition of Platinum doing so, the contest participant must execute this Submission of Material Agreement by clicking the "I Agree" button below.
Standard Terms & Conditions
1. No obligation to use.
The contest participant understands and agrees that Platinum does not undertake to consider the Material in confidence. The contest participant has not previously submitted or disclosed the Material to Platinum, and Platinum has not made any prior inducements, promises or representations to the contest participant regarding the Material. Platinum shall not be under any obligation whatsoever if Platinum does not desire to use the Material.
Neither the contest participant's submission to Platinum nor anything in this Agreement shall be deemed to limit or restrict Platinum's freedom, or obligate Platinum to the contest participant, with respect to, nor prohibit Platinum's use without obligation to the contest participant of, materials submitted to, acquired by or created by Platinum prior to or after the contest participant's submission to Platinum hereunder.
2. Good-faith negotiation.
If Platinum desires to use any part of the Material submitted by the contest participant which is protected by copyright law, then Platinum shall notify the contest participant thereof and Platinum and the contest participant shall negotiate in good faith for the execution of an express contract setting forth the terms and conditions for the acquisition by Platinum of any or all rights in all the Material which Platinum may desire to acquire. The contest participant acknowledges, however, that Platinum is not agreeing to refrain from, or to compensate the contest participant for, the use of any elements of the Material which are not protected by copyright laws, including, by way of illustration only, ideas, historical or factual matters or other public domain elements or aspects of the Material. The foregoing shall apply whether or not Platinum has obtained such ideas and/or other public domain elements from other sources.
3. Platinum's Use of Other Material.
The contest participant acknowledges that Platinum's use of other material containing elements similar to or identical with those contained in the contest participant's Material shall not obligate Platinum to negotiate with the contest participant nor entitle the contest participant to any compensation if Platinum has an independent right to use such other materials.
The contest participant agrees that any dispute between us in regard to the Material, Platinum's use of material alleged to be similar or identical to the Material or the validity, construction or performance of this Agreement shall be submitted to and resolved by binding arbitration. In such event, the arbitrator shall be an individual experienced in the motion picture or television field and shall be mutually selected by Platinum and the contest participant or, if we cannot so agree, then the arbitrator shall be selected by the rules of the American Arbitration Association. In either event, the arbitrator shall be controlled by the terms of this agreement. Any award favorable to the contest participant with respect to Platinum's use of material alleged to be similar or identical to the Material, shall be limited to the fixing of an amount of compensation which shall not exceed the amount customarily paid by Platinum for option/acquisition of rights to comparable literary properties and the award shall not be based on or take into account any profits or revenues that Platinum received or might receive in connection with use of such material. Any arbitration award will provide for Platinum and the contest participant to bear their own costs of arbitration, which costs shall include our respective attorneys' fees. Any such arbitration shall be conducted in Los Angeles, California and shall be governed by and subject to the laws of the State of California and the rules of the American Arbitration Association.
4. Additional Material.
The contest participant may elect to submit additional material ("Additional Material") in the future which may or may not be related to the Material. This Agreement shall apply to any and all such Additional Material which is submitted to Platinum by the contest participant, whether in writing or orally, to the same extent as it does to the Material, through the date, if ever that this Agreement is revoked in writing by the contest participant ("Revocation Date"). Upon and after the Revocation Date, the contest participant agrees that the contest participant shall not submit any further Additional Material to Platinum and in the event that the contest participant nevertheless submits any Additional Material to Platinum on or after the Revocation Date, the contest participant understands and agrees that Platinum shall not have any obligation or liability to the contest participant with respect to such Additional Material.
5. Warranties and indemnification.
The contest participant hereby represents and warrants: (a) that except as disclosed by the contest participant to Platinum, in writing, concurrent with the contest participant's execution of this agreement, the Material is solely owned by the contest participant and that no other person, firm or corporation has any right, title or interest therein or thereto; (b) that the contest participant has the full right and authorization to submit the Material to Platinum upon all of the terms and conditions herein stated; and © that no persons except those also signing below have collaborated with the contest participant in creating the Material.
The contest participant agrees to indemnify Platinum and hold Platinum harmless from and against any claim, loss, obligation, liability or expense including reasonable attorneys' fees that may be asserted against Platinum or incurred by Platinum which arise out of or in connection with the Material or any use thereof.
6. Entire agreement.
This Agreement constitutes our entire understanding. No other agreement, written or oral, express or implied exists between us with respect to the Material. Any modification or waiver hereunder or termination hereof must be in writing, signed by both of us. The invalidity of any provision hereof is not to affect the remaining provisions. Any references to Platinum shall be deemed also to refer to Platinum's subsidiary and affiliated corporations, companies under common ownership or control with Platinum, and Platinum's and their directors, officers, agents, employees, lessees, licensees, successors and assigns.
So, in short, I wouldn't give them your golden idea. Unless you feel the loss of the idea is worth the risk of recognition.
I'm considering entering, but not with GoA. I have a few other ideas that I think might be pretty cool, but am uncertain about the agreement.
Almost sounds too good to be true. I mean, they'd have to be thinking that a DD creator could make a comic good enough to be a TV show! HA!
…sorry.
Anyway, I've had a really good idea on my mind lately, but I'm not out for the money. Besides, I don't have the skill. So…I'll let someone else get the sweet, sweet rewards.
Platinum Studios isn't looking to rip anyone off or trick them…
In fact, they are one of the few publishers who will accept and review any comic submissions, anytime… even from a 9 year old with a stick figure comic. Try that at Marvel.
Platinum Studios has a habit of turning comic into show/movie, like Jerimiah, Witchblade, Men in Black…
I'm don't think it's a bad contest, or a scam of any sort. The rules as stipulated seem to me to protect them from someone coming back to them in a year and accusing them of stealing their ideas.
The thing is that ideas aren't copyrightable. Only characters and physical comic pages - or written words. In theory, any idea out there could be stolen if the actual stories were told with different enough characters. It's like the Munsters and the Addams Family. Or the Honeymooners and The Flintstones or According to Jim. The core story idea - fat guy who mistreats his wife and friends but is a loveable softy at heart - can be done endlessly so long as the actual stories themselves are different.
I'm sure Platinum Studios and NBC are just protecting themselves from someone who submits the idea of "Giant Slug with Ooze Powers" when one of their comics sometime in the future features a Giant Worm with Slime Shooters.
Even still, though, it makes me nervous enough not to submit GoA. That's just too personal a thing for me to risk on a contest.
I think it's a bunch of little reasons that would keep me from entering:
- I don't feel like my comic has broad enough appeal to place highly in that sort of competition. I don't have a better backup idea right now.
- Gathering the proper materials for entry sounds a little time consuming, and I don't have much time right now.
- The idea of having full control of my comic leaving my hands is a little bit scary to me. What changes would somebody else make to my story and characters in order to give it "broader appeal"?
- I suspect there's already some incredibly awesome participant destined to win this already… You know, that guy you don't know about who's better than you.
Nobody should ever let that last one stop them from trying anything, it's just that it fits nicely with the previous three that already convinced me.
But I wouldn't say winning this is beyond a Drunk Duck author's reach. People seem to forget that a handful of excellent comics have had their home here before. Some still do. It'll just take more than the cutting and pasting that many of our authors are accustomed to. It would take just the right kind of idea, the work to prove that idea, and the courage to stick your neck out and risk a little.
Thanks for the responses guys, especially for the highlighted info Ronson!
I need to think about this a bit…my 'golden idea' might have to wait a bit longer. I think it's good enough, but is really close to my heart. It's that 'book I have yet to publish but can't draw myself'.
That is, unless I can mimic a Charles Vess style before the 5th. :(
Perhaps I can think of another idea…
I have a good idea that I've wanted to make into a graphic novel-type thing for a while now, but I'm not sure it's really what they're looking for– in terms of a mainstream comic or a TV show or a movie. (Though I guess I could see it as a movie…) I was going to enter it in this, though I haven't quite worked out the art style yet (I'm going for a high-contrast black-and-white sort of thing, a little like Sin City) and I haven't gotten the whole story all down.
But it's good that you pointed out that clause in the contract to me, Ron. I was considering entering TEO, since, well, I've always had this pipe dream that TEO could one day be turned into a primetime TV series (on NBC, coincidentally). But if entering this contest means that other people will be using my brilliant ideas for their own ends, then never mind. (Don't you realize, after all, that while they're looking for one golden winning submission they're just going to be strip-mining concepts and ideas from all the others?) So… maybe I really should approach this with a bit of hesitation.
~IJ
I don't have any ideas for the contest, and I'm just not looking to publish my work now. I've had a dream of AA becoming a small TV series, but considering how I don't even have the entire story drawn out yet sort of stops that idea. :wink:
That, and that bolded part Ronson showed scares me. Pascalle and Chris from Zap! had some of their ideas and character designs "stolen" into a TV series (that completely flopped). However, that entire deal is up for debate over at Zap!, but the idea still scares me.
I'll wait until I have a more refined art style and better story ideas.
****NEWS!!!!****
I got this response in an email;
Hello!
Here’s what the legal people sent me, it’ll be up on the site soon.
Submitting a project to Platinum (either through this contest or through our normal submission process) authorizes us to review and evaluate your submission, but it doesn't give us any rights in or ownership of your material. If we choose to acquire (buy or option) your project, a contract will be issued laying out the terms and compensation for it.
Carly M. Wagner
Senior Editor, New Media Division
****NEWS!!!!****
I got this response in an email;
Hello!
Here’s what the legal people sent me, it’ll be up on the site soon.
Submitting a project to Platinum (either through this contest or through our normal submission process) authorizes us to review and evaluate your submission, but it doesn't give us any rights in or ownership of your material. If we choose to acquire (buy or option) your project, a contract will be issued laying out the terms and compensation for it.
Carly M. Wagner
Senior Editor, New Media Division
Hey, that's actually quite comforting.
****NEWS!!!!****
I got this response in an email;
Hello!
Here’s what the legal people sent me, it’ll be up on the site soon.
Submitting a project to Platinum (either through this contest or through our normal submission process) authorizes us to review and evaluate your submission, but it doesn't give us any rights in or ownership of your material. If we choose to acquire (buy or option) your project, a contract will be issued laying out the terms and compensation for it.
Carly M. Wagner
Senior Editor, New Media Division
Hey, that's actually quite comforting.
Ideas, however, are a different thing entirely. Ideas are not considered material.
Not that I think this company is trying to rip anyone off, though. It's just legalities. In case they, say, get a submission (that's not yours) about a Medieval knight sand a ninja trying to live together. You can't sue them for publishing that idea. :wink:
.: SpANG! :.
It's not fair that this competition is for Americans only… T_T
I thought that too at first…but when I read the fine prints, I didn't see it anywhere that said it's for Americans only. So I thought I would ask and they're very quick with their response:
Hello!
International entries are fine. The only catch is that is it required
that all semi finalists appear in person to pitch their idea to our
panel of judges, in San Diego. Thank you!
Carly M. Wagner
Senior Editor, New Media Division
Platinum Studios, LLC
9744 Wilshire Blvd., Ste 210
Beverly Hills, CA 90212
(310) 276-3900
- Hide quoted text -
—–Original Message—–
To: Platinum Contest
Subject: Question regarding Comic Book Challenge
Hello,
I saw an ad regarding The Comic Book Challenge on DrunkDuck.com and I
just have a question regarding the contest.
Is it only open to Americans? I live in Canada and I'm curious whether
you would accept international entries.
Take care,
Jenny Lui
I sent a response asking whether you're required to fund your own trip to San Diego. But if you are required to make your own way there, then this is good news and bad news. Good news is that you can enter…bad news is: do you have the means to travel to San Diego?
.: Black Kitty :.
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