TidalWave Productions (formerly Storm Entertainment, StormFront Publishing, Bluewater Productions)

anthony draco · Aug 4, 2010

Forgive me for the question, this is not exactly about writing, but about publishing. I've just recieved a contact from Darren G. Davis from Bluewater Productions. He asked if he could use my drawing found on http://fav.me/d2riviz in his book. He approached me via AOL e-mail account. The site/book/production he ran was on www.bluewaterprod.com . I asked him to contact me via his official e-mail address listed on that side, and he agreed to. I'm waiting for his working time for the response.

He said the comic book he was working on was http://music-mix.ew.com/2010/07/16/justin-bieber-fame-comic-book/ .

Should I believe him? He asked for a 300dpi file. Is he legit? Please help me.

M.R.J. Le Blanc · Aug 4, 2010

Was there any talk of compensation of any kind? I'd walk away if there wasn't.

Unimportant · Aug 4, 2010

My response would be "I'd be happy to look over a contract if you wish to offer one." Said contract should spell out what he will use, how he will use it, under what conditions, for what time period, and for what compensation. If you are happy with his offer, you sign. If not, you don't -- or you negotiate the changes you want.

Adding: that's a *lovely* drawing. Kudos!

Sharii · Aug 4, 2010

Bluewater is notorious in the comic industry for non payment. A quick google would yield results such as:

http://comics212.net/2010/01/25/bluewater-shifty-non-payment-garbage/
http://comicsworthreading.com/2010/01/25/why-i-wont-cover-bluewater/

Bluewater Comics has an awful contract that creators sign because they’re desperate to “break into” the industry. Basically, they don’t pay you until a comic book is “profitable” and then it’s a royalty, with no advances. Which is kind of a shitty contract in the book world, but you still see it. The difference is that in this case Bluewater owns or licenses the Intellectual Property (IP) and what they’re doing is developing that IP for other-media on the backs of young freelancers, whom they never have to pay, and that moves from being a shitty contract to exploitation.

Their response basically said "You signed a back-end deal, suck to be you."

My friend wrote a pretty long post summing up all things bluewater, you can read about it here. http://kayay.livejournal.com/560534.html

Hope that helps.

Bicyclefish · Aug 4, 2010

He's legit, as far as being an actual comic publisher. Bluewater is known for its celeb comics of varying quality. I don't know their sales figures though, and I've not checked if their titles are in physical stores.

However, as Sharii said, Bluewater hasn't the best reputation. In '09 -- that's my babbling LJ post -- I thought of them as having a "meh" deal but not malicious. Then the threats started popping up online. Admittedly, they do have some happy creators, and you will see your work printed, but there's no guarantee you'll be paid, and enough people are very unhappy that I suggest you say, "Thank you, but I'll pass."

anthony draco · Aug 6, 2010

Thank you very much for your responses. (And hello, Sharii, another fellow Thai.) Bike and Sharii's info opened my eyes. I almost wetted myself when I was contacted at first, but it's paid to do a bg check. What you've said so far are consistent with what I've learned from asking around.

Thanks Unimportant for warning me on how a good contract should look like. MRJ, I did ask about the compensation too.

Here's the contract he offered me. Names are editted out, but the rest is punctuated as is. :

August 5, 2010
This communication shall serve as a contract between *my name here* (collectively “Artist”) as independent contractor, and *** Productions
for Artist to exclusively provide pin-up (collectively the “Work”) for “Fame:
Justin Bieber” to be used as a pin-up and possible trading card published by
*** Productions.
Artist will receive 2 complimentary books for the usage of the “Justin
Bieber” pin-up.
*my name here* is a non-exclusive employee of Bluewater Productions for
“FAME: Justin Bieber” and this is a work for hire agreement. The artist
claims no right to copyright or characters. Under a copyright ownership of
***. Artist makes no claims to copyright or title now or in the future.
Artist owns the artwork and *** is just licensing it from them.
If you agree with the above please sign and return a copy of this
communication.

Sincerely,

Terie · Aug 6, 2010

Artist will receive 2 complimentary books for the usage of the “Justin
Bieber” pin-up.
*my name here* is a non-exclusive employee of Bluewater Productions for
“FAME: Justin Bieber” and this is a work for hire agreement. The artist
claims no right to copyright or characters.

If I'm reading this right, it says that the artist is selling their work AND copyright for two complimentary books. Wow.

When you do work for hire, you need to get compensated appropriately, since you won't own the copyright. Two complimentary books as compensation is preposterous!

(I'm particularly amused by the fact that they've clarified the artist won't own the 'character'.....as if said 'character' in this case isn't an actual, real-live human being whom the artist doesn't own anyway.

)

Bicyclefish · Aug 6, 2010

Terie said:
If I'm reading this right, it says that the artist is selling their work AND copyright for two complimentary books. Wow.

When you do work for hire, you need to get compensated appropriately, since you won't own the copyright. Two complimentary books as compensation is preposterous!

That's how I read it too, and I was stunned.

Anthony, was there any mention about monetary compensation or that's the whole contract?

anthony draco · Aug 6, 2010

Terrie and Bike, that was how I read it too. Fortunately. Very fortunately.

That was all of it, I'm afraid. From alpha to omega. From beginning til the end.

I'm glad, though. He's made everything simpler for me. If there had been a monetary compensation mentioned, I would've thought too long on it.

Unimportant · Aug 6, 2010

Yeah, there's an easy answer to that offer: No, thank you!

HapiSofi · Aug 6, 2010

Pinup and possible trading card, for two free copies? Good lord. They're obviously preying on artists who are overwhelmed by the idea of breaking into comics.

Any outfit that would offer a deal like that is not worth your time -- not even if they turn around and offer standard rates. If they don't screw you on one thing, they'll screw you on another.

colealpaugh · Aug 6, 2010

HapiSofi said:
Pinup and possible trading card, for two free copies? Good lord. They're obviously preying on artists who are overwhelmed by the idea of breaking into comics.

Any outfit that would offer a deal like that is not worth your time -- not even if they turn around and offer standard rates. If they don't screw you on one thing, they'll screw you on another.

Probably great advice, but...

I'm curious if you'd be properly credited for the work and if that recognition would have future value. Not judging this situation, but there are circumstances when doing comp work pays off in the big picture. I understand he may be preying on unknown artists, but it can be a two way street.

Again, this I'm not judging this particular situation.

CaoPaux · Mar 13, 2016

Became StormFront Media (StormFront Publishing) mid-'15, but is now Storm Entertainment. https://stormfrontpublishing.wordpress.com/ (Bleeding Cool article).

Helix · Mar 13, 2016

How could they possibly have thought that Stormfront was an okay name?

CaoPaux · Apr 21, 2018

And is now TidalWave Productions: http://tidalwavecomics.com/

TidalWave Productions (formerly Storm Entertainment, StormFront Publishing, Bluewater Productions)

anthony draco

M.R.J. Le Blanc

aka Sadistic Mistress Mi-chan

Unimportant

No COVID yet. Still masking.

Sharii

I draw comics, lots of comics.

Bicyclefish

Pedaling Pescado

anthony draco

Terie

Writer is as Writer does

Bicyclefish

Pedaling Pescado

anthony draco

Unimportant

No COVID yet. Still masking.

HapiSofi

Hagiographically Advantaged

colealpaugh

"Bear trumps Elephants!"

CaoPaux

Mostly Harmless

Helix

socially distancing

CaoPaux

Mostly Harmless