Comic Book Copyright.

[Explosion]

What is the name of your state (only U.S. law)? NY

I just submitted a copyright for a literary work. In the paper work I checked off that I am the author and creator of the literary work and also checked off for Art work. When submitted the work I send a PDF of the literary work and a PNG of the art work which is the title/logo of the literary work. Will this application copyright both the text and art work? Or would I also have to make another copyright for the art work which would be used at the title and logo of the work.

In conjunction with this work I was wondering if I am able to submit a comic book for copyright where I was the sole creator and author. I did not draw the visual work but I did color it and add in the text into the comic itself? What forms would need to be filled to?

I am trying to cover my bases on all aspects of this comic and my creation of it before someone attempts to steal ownership and copyrights it without my name on it.

 

[FlyingRon]

First off, the work was protected by copyright the moment you set it down. What you've submitted was an application for REGISTRATION of that copyright.

I presume you're using eCO? Yes, if you check Text and Artwork both will be protected by this registration (presuming you actually were the one who created both of these).

 

[quincy]

What is the name of your state (only U.S. law)? NY

I just submitted a copyright for a literary work. In the paper work I checked off that I am the author and creator of the literary work and also checked off for Art work. When submitted the work I send a PDF of the literary work and a PNG of the art work which is the title/logo of the literary work. Will this application copyright both the text and art work? Or would I also have to make another copyright for the art work which would be used at the title and logo of the work.

In conjunction with this work I was wondering if I am able to submit a comic book for copyright where I was the sole creator and author. I did not draw the visual work but I did color it and add in the text into the comic itself? What forms would need to be filled to?

I am trying to cover my bases on all aspects of this comic and my creation of it before someone attempts to steal ownership and copyrights it without my name on it.

I am unclear as to whether you are both the author of the comic book's text and the author of the art work. Could you clarify, please? Thanks.

The US Copyright Office's guidelines suggest that comic books should be submitted as visual art works, this unless the text is "preponderant." In that case, the work can be submitted as a literary work. More information on registering comic books can be found in the US Copyright Office's Circular 44 (http://www.copyright.gov/circs/).

If you did not draw the visual work for the comic book but colored it in and added text, both you and the illustrator could be seen as joint authors in the works (absent an agreement between you and the illustrator otherwise, and depending on all other facts).

Following is a case that is an interesting read with information you might find helpful. Gaiman, LLC v. McFarlane, US Court of Appeals, 7th Circuit, February 24, 2004: http://caselaw.findlaw.com/us-7th-circuit/1241893.html

From the Court in Gaiman: "There has to be some original expression contributed by anyone who claims to be co-author, and the rule ... is that his contribution must be independently copyrightable."

Also from the Court in Gaiman: "Contents of a comic book are typically the joint work of four artists - the writer, the penciler who creates the art work ..., the inker ... who makes the black and white plate of the art work, and the colorist who colors it. The finished product is copyrightable, yet one can imagine cases in which none of the separate contributions of the four collaborating artists would be."

You already have a copyright in the work you created. Registering your creative and original work offers you additional protection should your work be infringed (e.g., statutory damages).

 

[Explosion]

My Work on the comic

yes, I submitted a copyright for the script of the work and the logo that is to be part of the comic book all in one application as a LITERARY work.
The Pencil & Ink work were done by another artist as a "for hire" job. then I proceeded to color & do the Lettering (adding text) to the comic. I am also the one who did the lay out putting the pages together. My concern is that the company/person who is to publish the final work might try submitting a copyright saying that the completed comic is theirs possibly behind my back.

 

[quincy]

yes, I submitted a copyright for the script of the work and the logo that is to be part of the comic book all in one application as a LITERARY work.
The Pencil & Ink work were done by another artist as a "for hire" job. then I proceeded to color & do the Lettering (adding text) to the comic. I am also the one who did the lay out putting the pages together. My concern is that the company/person who is to publish the final work might try submitting a copyright saying that the completed comic is theirs possibly behind my back.

Your "logo" is an original and creative work that is eligible for copyright protection? While some logos are copyrightable, most logos are registered as trademarks.

I hope that you have a written and signed contract with the pencil and ink artist that clearly transfers all rights in the work to you. A transfer of rights must be in writing and must be hand-signed by the copyright holder (the pen and ink artist, in your case). It is smart to record this transfer with the US Copyright Office.

I hope the publishing contract you signed reserved your rights in the comic. Typically an author will license or assign rights to a publisher so that the publisher can copy the works and distribute the works. The license is necessary so that the publisher does not infringe on the copyrights. But the licenses between authors and publishers often grant only limited exclusive rights, for the explicit purpose of publishing the works. How copyrights are licensed is important.

I see some problems in what you are relating in your posts. I think you need to sit down with an IP attorney in your area before you proceed any further. In other words, I share your concerns and I do not see that a forum is going to address these concerns in the way they need addressing.

Good luck.

 

[Explosion]

and on...

Thank you for you help.

The artist signed paper work making the company/publisher owner for the black & white images for the comic as it was a "work for hire."

As a publishing company that is a whole other situation where it's a start up that I am a part of and my name is included in paper work for the company but I have yet to sign any paper work or contract. So I know that rat would belong to them even if I am taken part of the company but the comic would not be publishable without my permission is what i am looking for. The person in charge seems to be looking to take ownership of works brought to him. Even trying to get me to add them as a concept contributor for the comic, when I came up with it before ever meeting them.

 

[quincy]

Thank you for you help.

The artist signed paper work making the company/publisher owner for the black & white images for the comic as it was a "work for hire."

As a publishing company that is a whole other situation where it's a start up that I am a part of and my name is included in paper work for the company but I have yet to sign any paper work or contract. So I know that rat would belong to them even if I am taken part of the company but the comic would not be publishable without my permission is what i am looking for. The person in charge seems to be looking to take ownership of works brought to him. Even trying to get me to add them as a concept contributor for the comic, when I came up with it before ever meeting them.

Is the artist an employee of the publishing company, creating illustrations for written works that are submitted? I am not understanding what you are describing as a work for hire.

If you have no written agreement with the artist who illustrated your comic, you would hold the copyrights in the comic's texts but you would not hold the copyrights in the illustrations, although it could be possible that the work would be considered a joint work, with copyrights shared equally between you and the artist (absent a written agreement to the contrary).

Whatever the case, and before you sign anything with the publisher, you need to see an IP attorney in your area for a personal review. I think you have problems with the copyrights that you are claiming in your application as yours.

 

[Explosion]

Work Break down

i know it's a confusing situation. I have yet to contact an IP Attorney as this information of the Publishing company attempting to take ownership of the entire comic only just came to light and I wouldn't be able to afford one.

Here's an easier breakdown of the work done on the comic.

Pencil & Inks done by another artist where he signed contracts giving ownership to the "Publishing Company"

Story, Script, Name of Comic, Logo of Comic, Concept of Comic, Coloring/Lettering/Arrangement & editing all done by me.
I have no signed paper work with anyone for my works.

At this time I am part of the "Publishing Company" but had heard there motion to possibly remove me and attempt to keep my comic as theirs.

just writing the breakdown to make it easier to follow. though you are right I should contact an IP Attorney.

 

[quincy]

i know it's a confusing situation. I have yet to contact an IP Attorney as this information of the Publishing company attempting to take ownership of the entire comic only just came to light and I wouldn't be able to afford one.

Here's an easier breakdown of the work done on the comic.

Pencil & Inks done by another artist where he signed contracts giving ownership to the "Publishing Company"

Story, Script, Name of Comic, Logo of Comic, Concept of Comic, Coloring/Lettering/Arrangement & editing all done by me.
I have no signed paper work with anyone for my works.

At this time I am part of the "Publishing Company" but had heard there motion to possibly remove me and attempt to keep my comic as theirs.

just writing the breakdown to make it easier to follow. though you are right I should contact an IP Attorney.

You have just complicated an already complicated situation with your mention that you work for the publishing company. You may hold no rights in the comic at all, depending on the facts of your employment.

You need an attorney. You probably made a mistake filing a copyright application before knowing who holds the rights.

Good luck.