Hero By Night Update - Not Good News
I find myself in a pretty ackward situation here. But I want to be transparent with the fans of Hero By Night, who are the people who originally voted for it to win the first Comic Book Challenge and who made us the #1 Super Hero Webcomic online, with more regular returning readers than many mainstream titles by the big two.
A couple weeks ago I had reported here on my blog, that Platinum Studios had brought up to me the idea of getting me the print and web rights to Hero By Night back to allow me to continue Hero By Night on my own. This would not be in lieu of any money they owed me, but just something that could possibly keep HBN alive in some form on my own. Not full rights, Platinum would of course still handle all the tv and film and general “hollywood” stuff that’s their bread and butter. Well, that post ended up igniting some controversy and drama around the comic news sites. Not long after that, I did get a check in the mail for some of what I’m owed in back pay, which was pretty helpful for me to payoff some bills that had gotten backed up here. There were a lot of people who wanted to change the whole news into some creator rights fiasco or a “D.J. Coffman was screwed” story or headline, of to which I actually went out and defended that this wasn’t the case, it was just a case of really bad timing, and late pay. Nobody was refusing to NOT pay anyone, there was just no real clear communication on when past due pays would be showing up, and it was growing increasingly frustrating as time dragged on and I heard disturbing rumors crop up from other creators.
A long story short, I had emailed the folks at Platinum to inquire if there had been any movement about the rights issue so that I could possibly get moving and publishing at least the webcomic on my own before the audience that we built for 2 years completely dropped off. I pretty much got this form letter sounding reply that included this statement:
…Please be advised that due to the controversy stirred up as a result of your recent blogging and interviews, all discussions between us regarding any potential licensing back to you of limited rights to Hero By Night are on hold. At this time, we cannot say when those discussions might be resurrected. - Brian Altounian
To summarize, “we were gonna, but you talked, and now we’ve changed our minds.” Fantastic!
Wow. This immediately had struck me as a “You’ve been a bad boy, DJ” type statement, and they had gone back on what they had agreed to. I was pissed the moment I read it, but honestly, it’s within their right to completely change their mind or go back on their word. They don’t HAVE to give me back anything. And, obviously, inside the company they were obviously pretty pissed about me saying anything about pay not coming on time. That lead to Rich Johnston reporting on it at Comic Book Resources, and other creators who are not happy coming forward to thim — I’m not sure if by sending me that statement they thought it would make me be quiet now as a “Well, don’t say anything more and MAYBE we’ll “resurrect” talks with you, but that’s how I read it. I received no follow up emails or communications to my reply to them.
Like I said, they have every right to not deal with me now. But I question if that is the right thing for them to do, ethically at this point? If ethics are out the window in this conversation, then fine, so be it. I think the win-win would have been for them to allow me to continue producing it on my own, toss me that bone. The company wouldn’t be taking a loss on it anymore and content that they still could have represented would have been being made with no new costs coming out of research and development. Even if you were completely pissed off at me and hated my guts for telling the truth, this would have been the smart business decision. I know they have similar deals with other creators (Rob Liefeld, I think) , so this clearly feels to me, in my own opinion as just a slap on the wrist to keep me quiet. Wow, that worked out swimmingly, didn’t it.
And YES. I realize I might be an idiot for even opening my mouth and jeopardizing those talks. If they want to take this other path, I’m not going to be heartbroken about. I’m a smart person and I knew that was a possibility, But like i said before, the readers are very important to me, I had to let them know why issues they were buying, even in the TOP SELLING titles at sites like HeavyInk.com on preorder for weeks, wouldn’t be coming out afterall. And it wasn’t because I didn’t live up to my deadlines or anything in my own contract. I’ve been told by some people that I was actually TOO NICE in my original statement, but I didn’t hold any malicious intent or ill will for Platinum, I wanted to see the company do what was best in this situation where everyone was being told to hold on, and that they understood I needed to do what I needed to do. The plain truth is, I asked several times to several different people there, what should I say? What should I do? How long should I wait? What should I tell the fans? — and I got no clear answers from anyone, and I was left with the tough choice I had to make. It would have come out either way I suppose, but I didn’t feel right with having our readers or sites like HeavyInk preordering our issue 5s that wouldn’t be coming out.– I guess I could have said NOTHING and just went radio silent. Let fans wonder where their books are, or assume it was the reasons that are usually why books are late. But Jason Embury and myself always took great pride in being on time and delivering vibrant, quality and entertaining books.
I guess to the people at Platinum Studios, I’d say it’s not too late to do the right thing here. I know they won’t be happy about me writing this, and probably leaves an unpleasant taste in their mouth, but to them, I say, for all the times you praised me or my work ethic, and told me that you wished all creators worked like me, for all the times I went to bat for the company or people there, for all the times you needed something tomorrow and we had it to you today– make this situation right somehow. Because, at least to me, it feels pretty wrong right now.
I’m the same straight shooter that they hired in 2006, and praised for it. I’m afraid they can’t have it both ways.
I’ve had a lot of private conversations with other creators who have approached me, none of which I’d like to get into in detail yet unless those people want to pipe up themselves. But I can say this… these creators are pretty puzzled that they haven’t been paid, some pretty past due and in worse situations than I am, but then they see all the great press releases about Platinum upcoming movie deals, and the real kicker was hearing that Platinum was firing up a whole new line of comic publishing with Vanguard Animation. Some of these creators have told me privately, they are afraid to speak up, thinking they won’t ever be paid, but I’m not afraid to let both Platinum Studios and the world know that at least 7 of these people think that news about a new comic publishing line was ridicously unethical when you owe a bunch of current creators money. I had no idea the situation had gotten that bad behind the scenes with other creators or a breakdown in clear communication, but it’s really sad.
I always said from the get-go this wasn’t a creator rights issue, but now with talking to other creators, I think it’s sort of become one as I hear the other stories. I kinda feel like I’m not only speaking up for myself, but a lot of those creators who are currently pretty frustrated and pissed off, and possibly future creators out there, to maybe not go blabbing and being as transparent as D.J. Coffman. Or, maybe as others have suggested, this is how things get accomplished, and things change for the better. For creators AND publishers.
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The reason that nobody gave you a clear cut answer is simple, there is none. I can tell you from long experience that when negotiating with people, they can really believe to themselves that they are being honest with their promises. Many times though, when the reality comes into play, their promises and such start to fail. That is why contracts tend to be required on more and more business relations. It comes down to the simple point that when someone makes a promise and it starts to be painful to continue that promise, they take the easy path and break it. Contracts provide for actions if promises are not followed through. Even contracts start to fail with the new era of “lawyering up” and “delay tactics” that can cause the poorer combatant to give or accept less. You can “what if” yourself to death, “What if I didn’t say anything and just kept producing?” Hmm, maybe a negotiated deal would have come in your favor? or Maybe nothing, the delay would just keep going and in the end your left with more work done and nothing to show for it. It comes down to your “feelings” with the people your dealing with, at some point, you have to listen to your gut and go with your best option.
You once said that if HBN blew up, you have other ideas to go on with. While I would hate to see this particular creation die in corporate hell, I look forward to your next creative expression. I personally think that you probably waited as long as you financially could and then decided to push back. While this might get you nothing, remember that doing nothing might very well have gotten you the same thing. Trust in your own judgement and don’t get too caught up in comments from others. (Except for this highly intelligent comment of course -grin-)
Hard as it may be accept, gsekse has the right idea - time to tweak the general concept and become the Number One Webcomic (with the Top
Selling print collection at HeavyInk.com) with your very own (and full owned) “AVATAR OF LIGHT!”
It’s doubtful that the return of rights was anything more than a stall tactic to begin with. Move on something of your own before your
moment cools.
Hey man, I give it up to you for posting this as its not a very easy thing to do. Really though, this screams of ‘carrot and a stick.’ Leading you around and making you hop one foot to the next so you don’t tighten the screws on them.
After all the times you went to bat for Platinum you figure they’d at least tell you to cool it with the recent talk and treat you like an adult. No, no, they just tried to high hand and power play you. That’s not cool.
I’m thinking you’re going to have close the book on this one which is a real shame because you had something good going on.
D.J., you did the right thing but since you lead the way on this you also will get all the lumps first, most likely. You are right of course, for PR, the smart thing for Platinum would be to pay you by giving you your creator rights back. But seldom are corporations, or government, smart!
First off, it does not matter what anyone told you that works for the corporation, none of them have to honor their word because the corporate curtain protects them. They know this! Legally the corporation is an entity itself, like a separate person, all the others go through that entity and it protects them. A picture comes to mind of a big bouncer at a night club door.
But when it all comes down to who you deal with, it’s the corporation and that’s a fancy way of saying Lawyers.
The bottom line is the contract you have with them. Find yourself a Lawyer, one that will take this case on contingent fee basis. Since Platinum broke the contract, not you, you have a very good case but count on them tying it up, possibly, for years possibly.
Since they owe you money, you could very well get the property back in a settlement. It will take a GOOD attorney, not some local kid just out of Law School either. Be ready, you will find out you had no friends there whatsoever, and like the commenter above wrote, all that you were told was just leading you around as delaying tactics.
Rest assured you did the right thing but like all true leaders, you take the first hits. You hurt these guys more than you know and more then they will admit, and they mean to hurt you back now. That’s my 2 cents worth but I also speak from experience.
I am sad to see what this has turned into one. I’ve always seen this as a Creator’s Rights issue. And the only way to stop messes like this from happening again is for people to speak up and speak loudly. Hopefully, Platinum Studios will come around and do the right thing. It’s still not too late.
I’m sorry to hear this, but I’m proud of you. Keep shining the light of truth.
My HBN hardcover will be a prized possession, no matter what happens with Platinum. Sadly, many businesses won’t do the ethical thing or the thing that makes the most business sense when egos are on the line. I’ll have to find an excuse to visit so I can tell you some stories. Good luck and keep coming up with good ideas.
I hate that this has happened. I wish there was something I could do! On a completely unrelated note, my ring looks fantastic, even if it’s too small for my big fat finger.
When you first announced you were signing on with Platinum, I remembered all of the problems that Rosenberg had 20 years ago. I saw your comments that it was a different company, and that it shouldn’t affect Hero By Night.
I really wish you had been right. But I can’t say I’m surprised how it turned out. The whole reverse stock thing smelled, the model smelled, and some of the dealings in the company smelled. Rich Johnston’s report about how they were treating some of the creators smelled. And this last bit REALLY smelled- you have always been a positive face within the company, and this shows how little class they have.
You know what? Let them have HbN. It’s nothing without you. *You’re* the talent, they’re the bookkeepers who can’t keep books. You’ll be a success on your next project, I’m sure. They’ll still be who they are, a bunch of money men with no money and no values. I’ll place MY money on you.
[...] Speaking of DJ and Hero by Night, he could really use some support since Platinum Studios seems to be intent on screwing him around by delaying payments and now holding back on their previous offer to give him back some of the rights to Hero because he talked a…. [...]
Ray is absolutely correct. HBN is nothing without your passion and vision. I don’t know who would follow the book if someone else wrote and illustrated it. That said I hope this is the beginning of Dark Coffman. I miss the old DJ who loved to rip punkasssuka’s a new one if they even mentioned his name. I look forward to whatever new project you do.
And if you don’t get HBN back (which at this time looks like that’s a reality) at least you got the exposure, learned how to put a solid book together and developed your art top knotch. You’ve gained so much during this journey that is priceless.
Dude, fuck Platinum. You’re being way too nice to them right now. I was going to submit something to them, but if this is how they treat their best guys, how do you think they’ll deal with a newbie? Screw that. I’ll take my work somewhere where creators rights are respected.
So who says anyone has to support Platinum Studios? If they don’t want my money or anyone else I know to buy their products, then they will all find themselves on the street. “Boycott” is a legitimate way of getting them to sit up and listen. I will be talking to every comic book store I know of in the area, as well as those folks I know at Diamond Comic Distributers about boycotting ALL of Platinum Studio’s projects including any of Vanguard Animation’s products in the future until they do the right thing. How can you make sales if you don’t have a distributor to handle your product..? All of their “Hollywood” talk is nothing more than smole and mirrors! They have never produced a film, Television program, or even direct to video project to date!
Until they pay EVERY ONE of their talents and return ALL of the rights of HBN to D. J. Coffman, I’m going to whisper the right words in the right ears to see them all starve!
[...] Story] Another look at Platinum Studios’ questionable practices: Hero by Night creator D.J. Coffman discovers that when you don’t preserve the rights to your work in the contract, you’re [...]
[...] And that’s pretty much all I have to say about this. [...]
Well I think you were pretty decent by them, sometimes irritatingly so, but it looks like everything that has ever been said about the weasels is true. Everyone who is owed money should head to the small claims court and in addition to asking for their money they should ask the court to force the American equivalent of ‘full disclosure’ so they have to show exactly where every penny went.
You know, sometimes you have to cover your arse and not bad-mouth a potential future employer, but who in their right mind would ever work with that bunch of wankers again (in their new comic-publishing venture)?
[...] appears that Coffman’s graciousness was misplaced: I had emailed the folks at Platinum to inquire if there had been any movement about the rights [...]
PS is a company. When you release that kind of info into a blog that several thousand people read, investors get nervous and jump ship, and that doesn’t help ANYONE. The fact that other people jumped on it and blew it way out of proportion is partially his responsibility too. Once things get on the web, even if they are untrue, are hard to debunk. Not to mention there was probably a disclosure clause in his contract.
And now, by evidence of these comments, you’ve pretty much given the “go ahead” for more angry letters, more negative columns, and more negative publicity to a company that seems to be struggling to keep its head above water. In short, this ain’t gonna help your situation.
Do you think DC, Marvel, or whoever would have reacted differently? Although it may seem that these companies have all the money in the world, I have no doubt they are feeling the pinch lately, too.
DJ could have just said “Things are going on right now, can’t really talk about it. Just bear with me”. The fans would have understood and this wouldn’t have come to pass. I wish someone from PS gave you that advice.
Sorry DJ, that sucks. I’m not saying I agree with PS’s actions, but I can certainly understand them.
PS is a public company, and investors deserve to know the truth of what their money is doing, or how the BEST creators like DJ and the others are being treated. I think he was quiet for as long as he could, and even put it as nicely as possible, but Platinums response was a ‘dick move’. Platinum should be held accountable to paying it’s contracts on time, there’s no excuse for it. Would you want your money tied up in a company that was making nothing, and you didn’t know this was going on behind the scenes?
DJ should be commended for being honest here and standing up. If not for other creators, but definitely for investors who want to know where their money has actually gone, besides probably up someone’s nose in Hollywood.
With regards to the post above, that’s a horribly naive way to look at things.
How long was DJ supposed to wait without getting paid? Without getting a response? Was he supposed to let Platinum keep taking money from his fans for an comics that weren’t going to happen?
Again, I am not saying what PS did was right. It’s just what ANY company would do to protect themselves. If you don’t think so, YOU are the naive one.
And YES, I also believe PS has shot themselves in the foot by being idiots to their number one supporter, and they will probably not recover.
[...] what just happened. DJ Coffman — who I can’t tell if he’s going to be happy about me posting this or not — [...]
Aren’t there websites where one can create online petitions? Maybe this situation merits a petition… addressed to Platinum to compensate the HBN creators and return Coffman’s property back to him?
[...] brough-ha, and third thing where Zuda gets dragged into the morass) people are seeming to take DJ’s post from yesterday that all is not well in his ongoing efforts to regain his “Hero… as some kind of absolute sign from the heavens that I must renounce everything I wrote [...]
[...] info from the horse’s mouth. Hat tip to Fleen. This entry was posted on Wednesday, June 25th, 2008 and is filed under News. [...]
“Comics will break your heart.”
–Jack Kirby
Last time you don’t listen to Scott Kurtz, eh?
Get this shit spread far and wide. Ruin those motherfuckers. Make their new contest winner decide to abandon the project ASAP (or if possible, recover the rights).
Best thing for you would be if they Cease and Desist you so bigger news portals pick up on the story.
F ‘em in the A
[...] conventions? * Newsarama begins a series on Tokyopop. * the not-really-a-comics-company Platinum completes its heel turn on its one-time biggest public booster. Longtime industry observer Joey Manley comments. * I [...]
I hate to say it, but I told you Platinum Studios were evil pricks when my whole Weird Adventures In Unemployment thing went down. I commend you coming forward though.
At his blog, Steve Bissette (SWAMP THING, TYRANT) has added his insights into the Platinum Studios and HERO BY NIGHT mess…
http://srbissette.com/?p=1586
[...] Hero By Night earlier this month because of slow payment from Platinum Studios, and then learning this week that the publisher had put an abrupt end to any negotiations of rights, cartoonist DJ Coffman [...]