Legal issues with comicking own story?

Snowpop · Oct 24, 2006

Hi! I'm new here, and I was wondering if anyone would know the answer to this:

I sold a short story (prose) a while back, and I no longer own the rights to it. But I liked the story, and I think it would work better as a comic, and I'd like to turn it into one (I'd draw it myself) and then take the narrative even further. So, how does that work? Should I try to get permission from the editor? What if she never gets back to me, or the magazine goes under?

(I thought maybe comic book intellectual property law would be sort of specialized knowledge, which is why I stuck this in this forum. I hope I was not mistaken!)

wordmonkey · Oct 24, 2006

Not sure but I think it's done, dude.

You sold it. Ain't yours no more.

Now I believe you can go with a variation on the theme, but that is tricky. You could be accused of doing something that is derivative and undermining the value of the property you sold.

My advice would be to move on and do something new. If you sold, you have the skill, so then it's just ideas and they are ten-a-penny. Pick a new idea and work that, then you have no moral or legal quandries.

K1P1 · Oct 24, 2006

Do you know exactly what rights you sold? I would check our contract/agreement to see if it says ALL rights, or if it's limited in some way. If it says first North American rights, for example, then they get to publish it first, but you could come out with something after that. On the other hand, if they never publish it, I think you'd have to buy the rights back from them. Unless there's a time limitation in the contract, like that they have to publish within 24 months or the rights revert to you.

It never hurts to check the terms of the contract.

wordmonkey · Oct 25, 2006

I checked with my legal expert and she said check what rights you sold. Then see what you have open after that.

However, I still think you should move on. But that's just me. The more different piece you have out there, the better your chances of getting somewhere and increasing your skills. But that is purely a personal take.

Jamesaritchie · Oct 25, 2006

rights

Snowpop said:
Hi! I'm new here, and I was wondering if anyone would know the answer to this:

I sold a short story (prose) a while back, and I no longer own the rights to it. But I liked the story, and I think it would work better as a comic, and I'd like to turn it into one (I'd draw it myself) and then take the narrative even further. So, how does that work? Should I try to get permission from the editor? What if she never gets back to me, or the magazine goes under?

(I thought maybe comic book intellectual property law would be sort of specialized knowledge, which is why I stuck this in this forum. I hope I was not mistaken!)

If you sold all rights to the story, then you have to get permission from the new owner to use the story in any way, shape, or form. On the bright side, many magazines do give rights back after they've used the story, if you ask.

PeeDee · Oct 25, 2006

Comics and short fiction magazines are not commonly crossed markets, so I don't see why they would have a huge problem with it. But yes, ask nicely before you do anything.

Legal issues with comicking own story?

Snowpop

wordmonkey

ook

K1P1

Procrastination is its own reward

wordmonkey

ook

Jamesaritchie

PeeDee

Where's my tea, please...?