[Commons-Law] Scott Adams (Dilbert Comics) on Copyright...
Lawrence Liang
lawrence at altlawforum.org
Mon Apr 9 14:19:26 IST 2007
I have personally been a bigger fan of Calvin and Hobbes than of
Dilbert, and the creator of Calvin
Bill Waterson had a very interesting experience with the realities of
the copyright and licensing system; The assumption that copyright is
meant for the poor struggling author is often a misguided one, since in
reality the creators of material are rarely the owners. And in fact more
and more one even sees copyright being used against the creators of
material itself, as Tim Maloney for instance discovered. So extracting a
small piece by Bill Waterson on creativity, merchandising and exploitation
I recently wrote to Universal Publishers for permission to reprint one
strip from Calvin and Hobbes for a non profit publication, and was told
that the use of a single strip would be in the $1,200 range
Lawrence
=====
Extract 1
For years, Universal pressured me to compromise on a 'limited' licensing
program. The syndicate would agree to rule out the most offensive
products if I would agree to go along with the rest. This would be, in
essence, my only shot at controlling what happened to my work. The idea
of bartering principles was offensive to me and I refused to compromise.
With neither of us valuing what the other had to offer, compromise was
impossible. One of us was going to trample the interests of the other.
By the strip's fifth year, the debate had gone as far as it could
possible go, and I prepared to quit. If I could not control what 'Calvin
and Hobbes' stood for, the strip was worthless to me.
But at this point, the syndicate agreed to renegotiate my contract. The
exploitation rights to the strip were returned to me, and I will not
license 'Calvin and Hobbes.'"
Extract 2
My attitude toward the strip's production also put me in a strange
position when the pressure built to license Calvin and Hobbes. On the
one hand, it provided a simple clarity in the decision to forgo all
merchandising. I didn't think greeting
cards, T-shirts, or plush dolls fit with the spirit or message of my
comic strip, and I didn't like the idea of using this hard-won, precious
job to peddle a bunch of trinkets. I wanted to draw cartoons, not run an
empire, so the offers and requests were not tempting in the slightest.
On the other hand, none of my reasons for declining involved business
considerations, so these arguments were not particularly persuasive to
my syndicate, which flat-out owned the rights to my work and stood to
split the immense wealth these products likely would have generated.
Over the years, I've come to realize that it's almost impossible to make
anyone understand why, five years into the culmination of my life's
dreams, I was ready to quit the strip and lose everything, rather than
get appallingly rich off Calvin and Hobbes products. All I can say is, I
worked too long to get this job, and worked too hard once I got it, to
let other people run away with my creation once it became successful. If
I could not control what my own work was about and stood for, then
cartooning meant very little to me.
In hindsight I see that, with so much money at stake, the artistic
issues I argued about were irrelevant. In the end, it was simply might
makes right. I was an unknown cartoonist when I started, and my
contractual disadvantage reflected my nonexistent bargaining power when
I got the job. Five years later, I was a big enough gorilla that I could
turn the tables. Even though I finally got my way, the whole mess is
depressing to recall, even all these years later. The fight was
personally traumatic. For several years it poisoned what had been a
happy relationship with my syndicate, and in my disillusionment and
disgust at being pushed to the wall, I lost the conviction that I wanted
to spend my life cartooning. Both sides paid a heavy price for this battle.
Bill Waterson, Creator of Calvin and Hobbes (Introduction to Collected
Calvin and Hobbes)
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