the Lottery Party: Pirates Of Dark Water 2.0
I have now personally verified eleven persons who performed a variety of creative functions for Darren Davis and BlueWater, apparently all working for free. Eleven people who wrote and drew and inked stories, mini-series, etc, and who were not paid so much as a single cent. Reasons most often implored are apparently either poor sales in general (which is not a freaking excuse at all), or not enough copies sold.
Let’s take a look at that, at least with regards to a specific case.
I was given permission by a BlueWater artist to post here the contract that he signed.
That’s it, no other pages, and no non-disclosure agreement. The meat and potatoes:
“The page rate to be paid by Darren Davis to artist are as follows…15% of profits. Profits include single issue of the series and percentage will be negotiated for Trade Paperbacks- depending on how many issues the artist contributes to that trade paperback. If the comic sells more than 10,000 copies an extra 10% will be added as a bonus.
Payment will happen 30 days from the day the comic is released in stores. Quarterly reports will be given regarding: trade paperback, foreign sales as well as digital media.”
The series in question was a 4-issue mini released in February, March, April, and May of this year. All issues were completed on time and by deadline.
The excuse given to this artist for late payment was poor initial sales (amount of sales not being a factor in the contract, as a 15% percent presumably regardless of copies sold would be in order). The next phase of excuses explained how the entire series had to be released prior to any payment being issued (a contradiction of what is stated in the contract). Then on to because of poor sales on the mini-series, a trade would be released in the Fall of this year, with an additional chance to sell enough copies so as to warrant pay (while the contract leads one to believe that trade sales would be an addition to pay). Then the emails and phone calls stopped being returned. This was the case for a few different persons in the last year, some incidents going back quite a bit longer.
Darren Davis, if you happen to be reading this, I invite you to contact us here at ComicNews.Info. We will gladly allow you an unedited op-ed piece to present your side in this continuing drama. I mean, you just lost the deal with Ray Harryheusen. How soon before Roger Corman and William Shatner go the same route? And exactly how many creators need to come forward for this to be considered something worth publicly acknowledging?
If multiple persons are reaching the same conclusions though, your case had better be better written than your contracts.
by Richard Caldwell, Managing Turk182
tell me to go to hell via:
richardcaldwell@comicnews.info
space cowboy
Last 3 posts by Richard Caldwell
- Talking With The Ever Industrious B. Alex Thompson - September 4th, 2009
- Andi Ewington Talks About His 45 - September 1st, 2009
- the Lottery Party: Pirates Of Dark Water - August 30th, 2009
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about 12 months ago
In light of your article, Bluewater offers this formal statement.
Recently Bluewater has endured a series of attacks regarding its business practices. Bluewater does not engage or condone any such underhanded or untoward activity and refute each and every allegation made against the company and me personally. Much of the perceived conflict comes from a handful of creatives who became disenchanted over the terms of their signed agreements and mistakenly believe they are owed compensation.
Because Bluewater is a small company, our business model is such that artists, writers, and colorists are paid if and when a property (single issue or trade paperback) becomes profitable. When prospective creatives are engaged to work on a property, they are informed of this up front and are asked to review the terms in the written contract. There is no coercion; no strong-armed tactics, no manipulating industry novices. When a book reaches profitability, defined by a specific number of sales, the creatives are paid according to the percentages contained in their contract.
It is unfortunate that not every book Bluewater publishes has reached the profitability threshold. Some, in fact, never sell more than 800 copies. Some are canceled by our national retail distributor Diamond. And some are not fit for publication because they do not meet a professional standard. But that is the risk Bluewater and the creative accepts. I respect the labor these artists, writers and colorists put into creating a title, and am more than willing to share in the profits. However, if a book does poorly, it is Bluewater that absorbs the overwhelming majority of the loss. Yes, there is a risk on behalf of the creatives as well, but they at least have a professional entry for their portfolio that can use to get other jobs in the industry.
It is also unfortunate that certain media types have questioned Bluewater’s credibility because they have chosen to take situations out of context or accuse the company of manipulating sales figures. This, of course is impossible, since the sales figures of every issue are a matter of record on the ICV2 site.
I understand that our business model is not for everybody. I understand that there are some people who feel they have been misled or cheated. However, every single person who is owed money that is contractually due has been paid. Many of the creatives noted in the articles that allege non-payment do not state fully why payments were not rendered. Some were fired from books for non-performance, some worked on titles that never reached profitability or were canceled, some have personal reasons to be vindictive. I feel badly that they made incorrect assumptions that led to ill-feelings and anger. I have, at different times, reached out to each of these people to explain the specifics of their situation. Some go away with an understanding; others do not. Because they disagree with the written terms of the contract or have a different interpretation of the events, does not make me a liar or a cheat. I will accept responsibility for not better managing a creative’s expectations, but each is made fully aware of all possibilities. I have never withheld a penny from any creative who was due payment.
There are also allegations regarding previous businesses in which I have been involved. It is true that TidalWave Productions declared bankruptcy in 2003. Many make assumptions and unbased claims as to why this happened; and all are wrong. The simple truth is that TidalWave could not sustain based on certain partners reneging on contracted terms. At the time, the company was a part-time endeavor and I worked a standard 9-to-5 job. This employment situation was also true with Bluewater until 2008. But the bottom line is people with no knowledge of the company’s administration, creative process or financial status make ill-informed or assumptive comments on some forum or blog that are treated as the gospel truth. This is how reputations get trashed.
Every business has its detractors. And people will believe what they choose. But despite the allegations, accusations, heresay, childish name-calling and angry gossip, Bluewater remains committed to producing quality comic books and graphic novels. It remains steadfast in its current business model of profit-sharing with a variety of talented creatives. And I remain resolute that Bluewater is, and shall continue to be, a reputable business that operates with integrity.