Aftershock Bankruptcy - An Update

 

Note: I am not a bankruptcy lawyer, and I am not your lawyer. Please consult an attorney for advice relevant to your situation. This post is for informational purposes only.

 

                The Aftershock Comics bankruptcy may be coming to a resolution. Recently, a proposed plan to exit bankruptcy was submitted to the court, and it has been sent to those to whom Aftershock owes money. Those who are eligible can vote in favor of the plan or against it. However, if you are not in favor of the plan, you must send back the form stating such by May 2, 2025. There is not much time to do so, and you should follow the instructions set forth in the documents.

                From what I’ve seen of the plan, and as admitted in the plan documents, it deviates from standard bankruptcy repayments. Aftershock’s counsel believes this plan offers the best chance for the company to continue operating and to repay those to whom it owes money.

                It appears Aftershock is putting aside a small amount of money ($40,000) to issue pro rata payments to creators upon the plan effective date, and then they will continue making payments over the next 42 months until the amounts are repaid, supposedly with interest.

                For creators, you should verify the amounts Aftershock states they owe you, and be aware of how they plan to repay you. You can verify how much money they claim they owe you on Exhibit 2 of the plan, and you can also verify if they intend to keep control over your publishing agreement by checking the assumed contracts on Exhibit 8.

                If the plan is approved, hopefully creators will be compensated. If it is not approved, then Aftershock will either have to come up with an alternate plan to exit bankruptcy or liquidate the company. It should be noted, however, that even if the plan is approved, there is a chance creators may not receive their payments. If the company is not able to generate enough money to pay its debts and continue operating, Aftershock may have to file for bankruptcy again, and then creators will likely not receive anything. Further, they inserted language in the plan stating that they are continuing to evaluate the assumed contracts and reserve the right to revise the schedule of assumed contracts, which could impact creators if the contracts are rejected. 

                If you received the documents, please review them as soon as possible, and consult with your attorney if there is anything you do not understand. If you do not want to approve the plan, then you would need to act quickly.

Short Hiatus

     Apologies to all for the lack of posts recently. Due to personal and professional obligations that took up a bit more time than I expected, and the general state of things, I took a short hiatus from regular posting.  I hope to start posting somewhat more regularly, and I am working on a few posts now. Thanks for the checking in.

Comic Book Recommendations - 2024

 

            Another year has ended, and it’s time to recommend some comic books. As I mentioned in previous years, I tend to primarily focus my recommendations on creator-owned titles, these will mostly be graphic novels/trade paperbacks, and they may not all have been released this year.

As always, I’ve provided links where I can. Links to Amazon will be affiliate links. Anywhere else is not. Even so, if you’re intrigued by these books, try to buy them from your local comic shop or book store. You can find previous years’ recommendation by clicking on the corresponding year : 2020, 2021, 2022, 2023.

 

A Guest in the House, E.M. Carrol

 A woman marries the recently widowed town dentist and moves to a new house with him and his daughter, and she begins to question what really happened to his former wife. I’ve read a decent amount of scary comics, and this was one of the best I’ve read recently that used art and pacing to establish an eerie mood.

 

Local Man, vol. 3, Tim Seeley and Tony Fleecs

A washed up superhero heads back to his Wisconsin home, and trouble follows. I’ve been reading, and enjoying, this series since it started. The only reason it is now making the list is because I had to buy the final issues in trade form. The base of the series is almost small town noir, with a splash of superhero. It also frequently comments on and pokes fan at the excesses of ’90s-era Image Comics storytelling.

 

Drawing Blood, vol. 1, Kevin Eastman, David Avallone, Troy Little, and Ben Bishop

 I finally read this one after backing the Kickstarter ages ago. Drawing inspiration from Eastman’s life after co-creating a hit pop culture property (Teenage Mutant Ninja Turtles), it tells the tale of a comic book creator’s life after creating a global sensation – the Radically Rearranged Ronin Ragdolls. An amusing, depressing, wild story that most comic book fans will enjoy.

 

Trve Kvlt, Scott Bryan Wilson and Liana Kangas

 An amusing story about a slacker fast food employee who finds himself caught up in a situation involving cults, corporate greed, and…the devil? Well worth reading for the great art and offbeat storytelling.

 

Radiant Black, vol. 1, Kyle Higgins and Marcelo Costa

 A superhero-style book involving a mysterious super suit that may be from outerspace. I read the first issue when it originally came out, and I thought it was interesting. I finally picked up the trade, and I can see why this has become a popular ongoing series. Fascinating concept from the start.

 

Full Tilt, Jason Copland

 Set in a dystopian future where criminal families fight over the control of New York, a loyal consigliore tries to make things right after he’s accused of killing the heads of each family.  The art is black-and-white, and at times, a bit loose, but it adds to the look and feel of the book. 

Who Created Wolverine?

 

            Roy Thomas has been in the news recently because he is asserting that he is a co-creator of Wolverine. Zach Rabiroff has a great recap article on the situation at The Comics Journal that is worth reading, and it covers some of the nuances that I will not. I am going to discuss the concept of creation and ownership through the lens of copyright.

            To briefly recap, Thomas was a Marvel editor, and according to most accounts, suggested to Len Wein that he create a Canadian character named the Wolverine for the Hulk to fight. Wein worked with John Romita Sr. to develop the look of the character, and then the character made his cameo debut at the end of The Incredible Hulk #180, which was written by Wein and drawn by Herb Trimpe.  

            Copyright law protects “original works of authorship fixed in any tangible medium of expression.”[1] Copyright law does not protect an “idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.”[2] Generally speaking, copyright law protects the expression of an idea and not the idea itself. It rewards the person who creates the work that was published. Protecting ideas are notoriously difficult to do, as I previously discussed in the article on Why Creators Don’t Want to Hear Your Idea.

            In my opinion, Thomas had an idea. He told his idea to Wein, and Wein, Romita, and Trimpe did the work to bring the idea to life. Copyright law would reward those three with ownership. It would not reward Thomas.

Suggesting that an editor contributing an idea to a writer or artist, who goes on to flesh out the idea and bring it to life, equates to co-creation is problematic, and it goes against the norms of the publishing industry. Editors, depending on their roles, assign stories, edit stories, and make sure they are readable and/or follow established continuity. It is part of their job to assist the artists and writers in creating the best stories possible. If they make suggestions, it doesn’t mean that they get to claim authorship, co-creation, or co-ownership over the final work.

While Thomas may feel some responsibility for the creation of Wolverine, he should not be credited a co-creator. He had an idea, and he passed it on to others to do the work to bring it to life. If he had done the work, then he could be a co-creator. From all accounts, he did not.

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[1] 17 U.S.C. § 102(a)

[2] 17 U.S.C. §102 (b)

Legal musings on the marvelous and miraculous existence of Marvelman (and Miracleman)

 

                The announcement of a new collected edition of Miracleman being released prompted me to finally start reading the collected Marvelman books I bought a few years ago. I was inspired to buy them after reading Pádraig Ó Méalóid’s book Poisoned Chalice: The Extremely Long and Incredibly Complex Story of Marvelman (and Miracleman). It’s an interesting read, and you can find my previous review of the book here. Reading these stories makes me think of how fascinating it is that this character managed to exist in the first place.

                To briefly summarize, Marvelman was born in the U.K. after Fawcett publications stopped fighting the copyright infringement lawsuit brought by DC Comics against Fawcett’s Captain Marvel. The licensed publisher of Captain Marvel comics in the U.K., L. Miller & Sons, Ltd., chose to transition the publication of Captain Marvel comics into Marvelman by announcing Captain Marvel’s retirement and laying the groundwork for the title to transition to Marvelman. The publisher even kept the same issue numbers.

 The publisher hired Mick Angelo to create Marvelman and make some changes. Billy Batson, Captain Marvel’s alter ego, became Micky Moran. Batson worked as a cub reporter for a radio station. Moran worked as a copy boy for a newspaper. Batson received his powers from an old wizard. Moran received his powers from a scientist. Batson had to utter the phrase “Shazam!” in order to turn into Captain Marvel, while Moran had to utter the phrase “Kimota!” to turn into Marvelman. Even though there were differences between the two characters, it is easy to see similarities.

Much of this is informed speculation on my part, but Marvelman, and subsequently Miracleman, could have had a much shorter life than it did. Clearly, at least in my mind, Fawcett could have taken action against L. Miller & Sons.

Taking into consideration the copyright infringement lawsuit that they just lost to DC Comics, the similarities between Marvelman and Captain Marvel are much closer than those between Superman and Captain Marvel. Further, Fawcett could have asserted trademark claims arising from the similarities of the two characters’ names and confusion arising from the launch of Marvelman. Fawcett also could have asserted a breach of contract claim, depending on the terms of their agreement. Why didn’t Fawcett take action? My guess is that they just didn’t care after losing the lawsuit to DC.

DC Comics also could have taken action. They just had a court find Captain Marvel to be a copyright infringement of Superman. It is likely they might have been successful in finding the derivative Marvelman to also be a copyright infringement. Unfortunately, I do not know why they didn’t do so. My initial guess is because it was in the U.K., and they (i) either didn’t feel threatened by it or (ii) didn’t think the copyright law was as favorable to them there. In the intro to Marvelman Classic vol. 1, Derek Wilson notes the many countries where Marvelman was distributed; the U.S. is absent from that list. Would DC have taken action if Marvelman had made its way to the U.S. during that era? It’s an interesting thought.

Marvelman fascinates me because of so much of the legal wrangling that had occurred involving the character and because of the legal what-if’s that the character managed to avoid. The original Marvelman comics were only published for nine years, but the character’s legacy and history continues to this day—and is still as complicated as ever.

Work-made-for-hire and Copyright Termination

 

                I recently came across an article discussing a copyright lawsuit involving the original script to Road House. You can read the article here. But, in short, the original writer filed for a copyright termination of transfer to reclaim ownership of the script, and the studio counterclaimed stating that the work was done as a work-made-for-hire and is therefore ineligible for copyright termination of transfer. The wrinkle in this story is that the company employing the writer was the writer’s own company. This is a good reminder to be aware of who you are structuring your business deals and making sure you are not inadvertently losing your IP rights.

                It is common for many creators to start an LLC or company. In many cases, it can be financially advantageous to do so. However, if you are contracting with other companies through your own company, it is possible that the work you perform for your own company could be considered a work-made-for-hire for your own company.

                I covered the basics of copyright termination previously, but to recap, after 35 years, an author can file to reclaim ownership of a copyright that they previously transferred. However, this right does not apply to works-made-for-hire.

                If you work through a company, you should carefully consider how the company is structured and set up and the contractual arrangements you enter via it. If you are concerned about copyright ownership issues and want to preserve your ability to terminate a copyright transfer, you should consult with an attorney to evaluate your options.

Do you need media liability insurance?

 

                Something that I often ask the artists and writers I work with is if they have insurance. In particular, I ask if they have media liability insurance. Most don’t, but it is a type of insurance coverage more artists and writers should consider obtaining.

                In most publishing contracts, you are guaranteeing the publisher that your work will not infringe upon another’s intellectual property nor will it cause harm to a third party via defamation, libel, etc. If you or your publisher is sued because of your work that they published, you are likely responsible for paying their legal fees because you agreed to indemnify them.  

                These types of lawsuits can be very expensive. If you have basic insurance, typically known as a CGL (Commercial General Liability), it likely will not cover your expenses and legal fees. However, if you have media liability insurance, you are more likely to be covered. A typical media liability policy should cover the following: defamation, invasion of privacy, emotional distress, copyright and trademark infringement, misappropriation, and negligent publication.

                If you do have one, or you decide to get one, make sure that any agreement you sign complies with any requirements in the policy. If you sign an agreement that does not comply with your policy requirements, then the insurance company may not provide coverage.

                A media liability insurance policy may not be right for everyone, but if you are worried about being sued for copyright or trademark infringement or any of the other areas mentioned above, you should strongly consider obtaining one.

The name of the policy may differ depending on the insurance carrier. It may fall under an E&O policy (errors and omissions) or a professional liability policy. It is a good idea to ask questions and make sure the insurance carrier offers the coverage you are looking for.