Posts Tagged ‘inker’

Copyright Law is Changing! Is it Time to Hit the Panic Button?

Tuesday, July 28th, 2015

Copyright law is about to change and creative people all across the U.S. are going into panic mode!

Everyone else could care less. Both reactions are extreme because copyright law as it stands today effects so much of our daily lives that complete enforcement of it would be nothing short of dystopian.

If you care at all, and you should, educating yourself on the current copyright law is important. It can easily be found at http://www.copyright.gov/title17/.

If you want to understand what the fuss is about concerning potential changes then you need to watch this tedious but eye opening podcast video. https://www.youtube.com/watch?v=kDoztLDF73I

The most significant part of the Copyright Act of 1976 that most people either do not understand or appreciate is that you possess ownership of copyright the moment you express a thought by affixing it to something tangible. There is no requirement to register a copyright or even attach a notice though both are beneficial. Every single person has copyright ownership of every original scribble, note, photo, video, doodle, craft, song, tune or anything else tangible that they ever created from the moment they created it provided they did not copy it from something else. Copying something without permission would be infringement of another’s copyright.

NOTE: Ideas are not protected by copyright! Only the physical expression of an idea is. Someone can have the same idea for a story or a picture but if how they tell that story or draw that picture is different there can be no conflict.

Instant ownership of copyright makes life a lot easier for creative people because they do not have to pay to register every single thing they create but in a world where now everyone is creative and able to publish their thoughts and pictures tangibly on the internet we are inundated with copyrighted material at every turn and surrounded by copyright holders.

Most people are not aware of the significance or value of copyright and consequently, as we go about our daily lives sharing or copying or quoting all the material we have such easy access to, we have unwittingly become a nation self-entitled of copyright infringers!

John Tehranian outlines in his must read paper Infringement Nation: Copyright Reform and the Law/Norm Gap”  how easy it is to rack up a huge infringement liability on a daily basis.

“By the end of the day, John has infringed the copyrights of twenty emails, three legal articles, an architectural rendering, a poem, five photographs, an animated character, a musical composition, a painting, and fifty notes and drawings. All told, he has committed at least eighty-three acts of infringement and faces liability in the amount of $12.45 million (to say nothing of potential criminal charges). There is nothing particularly extraordinary about John’s activities. Yet if copyright holders were inclined to enforce their rights to the maximum extent allowed by law, he would be indisputably liable for a mind-boggling $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P file sharing. Such an outcome flies in the face of our basic sense of justice. Indeed, one must either irrationally conclude that John is a criminal infringer—a veritable grand larcenist—or blithely surmise that copyright law must not mean what it appears to say. Something is clearly amiss. Moreover, the troublesome gap between copyright law and norms has grown only wider in recent years.”

As technology continues to advance it is becoming easier identify when we are being infringed upon or pirated. This is great for people who make their living creating things but what about people who may want to make their living suing people for infringing on their copyrights of photos of the family dog  or that viral cat video we all like to share? Do we really want to live in that kind of police state? Will we stop being creative because we are afraid of being infringed upon? Will we stop sharing  socially for fear of being accused of infringement?

Before 1976, copyrights had to be registered with the U.S. Copyright Office similar to registering a patent or a trademark. This helped to identify copyrights that had a perceived value and allowed others to be considered public domain. Registering was definitely less convenient and more costly than the current system but may be not such a bad thing.  Unfortunately, part of the changes to copyright procedure currently being considered is privatizing the registration process. Are creatives about to be corralled into money making scheme for some greedy corporate entity with huge lobby interests in Washington?

In the aforementioned podcast video at about 20:30 in to it, editorial illustrator and copyright champion, Brad Holland, talks about a company called the Copyright Clearance Center who already conveniently owns the website www.copyright.com. He talks in detail about how this company, which has been around since 1978, (the year the Copyright Act of 1976 when into actual effect) collects fees from schools libraries and copy centers for permission to copy images and text to the tune of $300 million a year! This is similar to music collection societies like ASCAP or BMI. Mysteriously, however, creators seem to be kept out of the loop when it comes to distribution of these funds collected by the CCC. Apparently they have all the infrastructure in place to register, manage and police copyrights while making boatloads of money at creator’s expense.

Now let’s look at the elephant in the room – Work For Hire. One of the biggest issues in the Copyright Act of 1976 is that it did not do a great job of defining Work For Hire, a point that was vehemently defended by musicians anticipating their ability to terminate rights granted to record labels after 35 years as defined by the Copyright law. This is a glitch that has big companies scrambling to make deals with creators who may be closing in on that term. It is the main reason Prince was able to settle an agreement with Warner Bros. and the Kirby family was able to settle with Marvel/Disney. It is the main reason why a lot of deals are being struck quietly behind closed doors before the proverbial shit hits the fan.

If Copyright law stands as it is, where creators own copyright from the moment of creation, any freelancer who did not sign a declaration of work for hire and was not actually defined as an employee of the company currently holding the copyright could terminate rights of use of their contribution to the work. Anything published after 1975 is currently fair game for future reversions.

Using comics as an example, say I am a letterer of an independent comic of the 1980’s and I was paid to letter a comic by the author or the publisher but as a freelancer and had no signed agreement  that this was exclusively considered Work for Hire. According to copyright law can’t I consider that I am the “author” of the lettering on that comic and copyright holder from the time I penned it to the paper? If I decide I want to revert my rights by terminating the rights of the current holder, can I? If I can revert my rights, any reprint would require new lettering to replace mine or a new deal would need to be struck with me for a new term. Imagine if the Inker or the colorist did the same. This could prevent a work from being republished and it could create havoc for current publishers holding reprint rights.

Imagine if this happens in film where creators from many disciplines come together as freelancers to create a movie. It may sound far fetched but this is the backbone of this revival of the Orphan Works Copyright Act of 2008. It in theory seeks to make works accessible that are unable to be recopied into digital format by Libraries and Schools because copyright permission cannot be obtained by creators that cannot be located.

The argument is that  our culture is being deprived of accessibility to works because of the inadequacies of the copyright law which intends, in part, to restrict perpetual ownership of works so they can be absorbed by the culture that supported and inspired it. This is the reason that the new law intends to have copyrights registered, to enable identifying creators but I bet it will also redefine the Work for Hire clause to prevent the mass migration of rights from corporations to creators. This is a  classic case of misdirection that speculates  most freelancers will not be aware or willing to pay to register copyrights on every work they did thirty-five years ago under a questionable Work for Hire situation, sweeping one big elephant under the rug.

Copyright law has three significant objectives: Identify the copyright holder,  protect the rights of the copyright holder for the term of their copyright and limit terms of copyrights so works can ultimately be absorbed by the society that cultivated it.

I believe it is fair to say that the current copyright law has some inadequacies, mostly in regard to how staggeringly unenforceable it is at its most basic level. Policing every infringement on a daily basis would be impossible and if it were we would not want to live under those conditions. But for those of us that rely on the value of our works and their copyright for our income, it is time to be attentive to how we may be affected by changes and become involved with how a new law is constructed.

Is it time to hit the panic button? Maybe not, but it is time to get educated about copyright and to ensure that any new copyright law benefits everyone fairly.

© 2015 Gerry Giovinco (just in case)

Original Comic Art and Digital Comics: The Common Bond

Monday, May 28th, 2012

A stroll around a comic convention is a lot different today than it used to be when it comes to experiencing original comic art which for me, as a young aspiring comic artist, was the highlight of any show. I would always immediately venture directly towards artist alley where pros and amateurs alike would form a welcoming community of comic art practitioners. To me it seemed less like an opportunity for the creators to market their work and more of a joyous reunion of folks with a common bond: The love of comics and a need to create them.

Maybe it is just a product of comic conventions no longer being the casual events they used to be, held in basement ballrooms of fading city hotels with the most sophisticated displays being a hand lettered card stock sign hung on a pipe and drape background.  Professional comic artists were not viewed as the superstars they are today. They were heroes that we related to more like a favorite uncle who always new how to appeal to our inner child. Their art touched us in a personal way that established a relationship that was respected between them and their fans.

Those were the days when you did not wait in line to meet your favorite creator. At best you gathered around their table and shared as a group, listening to their stories, watching them sketch, and learning from their teachings which, though small casual tidbits of technique, were gems of insight into the magical world of creating comics.


Stacked high on their tables would be pages of original art that could be thumbed through and purchased  for prices as low as ten or fifteen bucks! The opportunity to scan through those pages was a chance to stare into a window of a professional comics bullpen. Each page told a production story that was highlighted by the scents of bristol board and india ink often commingling with odors of white-out and rubber cement.

To be able to view those pages and see script notes in a corner, blue lines behind lettering, pen strokes appearing as a texture on the surface and brush strokes laying a deep wash in large shaded areas with a barely visible “x” etched in pencil beneath was a hands-on lesson in every page.

I always got a kick out of seeing revisions. Panels or words would be cut out with an x-acto and replaced with art that was cut to fit perfectly into the hole and secured from behind with a strip of masking tape. Splash pages had photostat logos pasted on leaving a trail of ever yellowing rubber cement beneath.

Every page was art, yet each was also just a mechanical, a production board from which final films would be photographed on large upright “stat” cameras. Each was a path of history, chronicling the creation of the page through the hands of the writer, penciler, letterer, inker, editor and production hand. Void of color, the line art resonated with a power of its own lending a new found appreciation for comics in black and white that would empower the independent comic publishers of the day.

It is still possible to marvel at original art at conventions but the atmosphere is so much more hurried that it is difficult to be absorbed into each piece. Those “uncles” are slowly passing away leaving a void where once was a nurturing wisdom behind the craft of each page. In its place is a new energy that is equally intoxicating, a new brand of comic artist with an entrepreneurial spirit hawking their own works.

It is  thrilling to see the new, unlimited variety of comics, invigorating to see the community widening to include a wave of talented women that was always sadly lacking in that bygone era. What is missing is the original art, replaced by an ernest need to sell small print runs and assorted related merchandise or to direct readers to a growing web-comic. The art exists, but digitally, and can be panned easily on an iPad evoking a sterile creative process free of the sensory stimulators that fueled a personal romance with comic production in my formative years.

As I sit here at my keyboard, I’m suddenly realizing that I am now one of those “uncles” I came to embrace. Not that I could hold a candle to any of them but I have an opportunity to share from my experiences, as they did, only from the venue of this blog instead of a convention table. The new generation of comic creator, who creates digitally, shares too, through all kinds of forums and social networks on the internet.  An aspiring comic creator no longer has to wait, as I did, for an annual comic convention to experience the knowledge of a comic pro, they can watch a tutorial on Youtube or follow a comment thread on Facebook!

Yes, I miss the sensory experience of the creative process of comics. Yes, I wonder if creators are losing an opportunity to cash in by not having physical comic art to sell.  But it is not worth pining over any of my attachment to these relics while I am witnessing the future of comics as it blossoms before my eyes. The community of comic artists is no longer small and relegated to a musty convention hall. It is vast and continues to grow. It exists at our fingertips any time we wish to access it.

Today’s comic artists are creating much more than original art. They are creating the future of the medium. Support them any way you can if you love comics. Go read their web comics. Buy their print on demand books. Order their merchandise. Join them on forums and share ideas. Learn from them and teach others. We are all part of the same comics community that began in those old convention halls. Embrace that past and build the future.

Bill Cucinotta and I, here at CO2 Comics, are committed to both and are excited to be part of this growing comics community of artists with a keen eye on the future. No matter how comics are made we intend to maintain that common bond we always had with those comic creators in artist alley: The love of comics and a need to create them.

Celebrating Thirty Years of Comics History!

Gerry Giovinco


Comic Art, Trash or Treasure?

Monday, May 21st, 2012

You sure wouldn’t know that the world is in an economic crisis by looking at the prices that have been paid recently for original art. Both Christie’s and Sotheby’s auction houses, who’s  recent auctions collectively tallied $266,591,000, established record sale prices for pieces of art including the most expensive work ever sold at auction, Edvard Munch’sThe Scream’ which garnered a whopping $120 million!


Fans of comic art began to scream themselves when Roy Lichtenstein’s painting, ‘Sleeping Girl,’ sold for $45 million, a record price for any of his works. Lichtenstein is often criticized by comic art enthusiasts for not having credited the long list of comic artists whose work he used as subject matter for his paintings. Comparisons of ‘Sleeping Girl’  and the Tony Abruzzo panel which it is derived from, as well as dozens of other comparisons,  can be seen here. David Barsalou deconstructs Lichtenstein with a vengeance and it is well worth following his crusade on the internet and in his facebook group.

The good news is that, though comic art has been generally viewed by the fine art community as “low brow” and is still not in a position to command the kind of money that Munch or Lichtenstein’s pieces do, original comic art is beginning to command some very respectable prices. It has long been known that there is value in collecting comic books. The highest price paid so far for Action Comics #1 being $2.16 million. The same comic book is estimated to be currently worth about $4.3 million.


Original comic art, on the other hand, is now gaining in value as well. The most expensive piece of comic art ever sold is reportedly a full page panel by Frank Miller and Klaus Janson from ‘The Dark Knight Returns.’ The piece sold to an anonymous collector for $448,125 as part of Heritage Auctions’  Vintage Comics and Comic Art Auction in 2011.

In the past week Heritage auctioned two more significant pieces that collected big bucks. Contradicting the earlier report Heritage claims that a Jack Kirby, Joe Sinnott original from Fantastic Four #55 featuring a half page splash of the Silver Surfer and signed by scripter Stan Lee achieved the highest price paid for a page of panel art selling for $155,350, roughly one third the value of the Batman piece.

Another work of original comic art that proved its muster was the first ever drawing of the Teenage Mutant Ninja Turtles by Kevin Eastman and Peter Laird that fetched $71,700.

Forbes recently ran an article on their site that lists good reasons for investing in comic art  but neglects the obvious: Supply and Demand.

Though it may seem that there are tons of original comic art proliferating in the market, and there are, how many show significant images of major characters drawn by masters of the industry or are pages from historic works? Not as many as you might think and now that a lot of art is created digitally, the chances of hard copy future original art surfacing for sale are dwindling.

The idea that there are over seventy years worth of original art numbering in the millions of pages trafficking around the collectors market is false. Most comic art that was created prior to the mid sixties was simply destroyed by the publishers, considered by them as nothing more than waste once the printable films were made.

Flo Steinberg

Flo Steinberg, secretary at Marvel during the early years of the ‘House of Ideas,’ was quoted in David Anthony Kraft’s COMICS INTERVIEW #17 saying, “We used to throw it out …when the pile got too full…it was like ‘old wood’ to us.” Likewise, there are stories of Neal Adams dashing across the office at DC to rescue original art that was about to be destroyed in a paper slicer! Any art that survived that slaughter was generally given away as gifts or just managed to filter its way out of the office as random souvenirs. The scary part is that most of the artists just accepted this practice as the norm!

By the late sixties when fandom started to prove that there was a secondary market for the art through the establishment of comic conventions and comic shops, artists began to demand that their art be returned. This was a tricky process since several people generally worked on any given issue. The art would be split up among the writer, penciler, inker, and even the letterer. Colorists usually would get back the color guides that they made for the color separator.  Because of this practice entire issues are nearly impossible to acquire.

By the 1980’s the independent movement gave creators many more rights and more creators were responsible for their work in its entirety but still, usually, would sell off pages at conventions, one at a time,  to support themselves economically.

Today more and more comics are being created digitally and hard copy originals don’t even exist. The work and creative talent  that goes into creating a comics page is once again being trivialized as an unfortunate part of the process. Instead of ‘old wood’ it is now just a collection of magnetic data hogging up a hard drive, facing obsolescence with the next wave of new technology.

The printed version may remain as the only collectable hard copy of future comic works and even that is challenged by digital delivery of comics. The art of making comics is finally being recognized as something of value yet its new found respect is threatened with its own potentionally temporary creative process.

Criticize Lichtenstein as much as you’d like, but his copy of a single panel, swiped from a forgotten romance comic, will exist for a long, long time and will only become more valuable while the original line drawing it was lifted from has probably been trashed for fifty years. How can we come expect the art world, or anybody,  to respect comics as more than source material for pop art parodies when we continue to allow the originals it to be disposable.

Is comic art trash or treasure? As comic artists, we need to decide for ourselves.

Celebrating Thirty Years of Comics History!

Gerry Giovinco


The Process of Penciling: Part 4

Monday, May 9th, 2011

The previous posts on this subject of the process of penciling have all led up to this glorious moment, actually penciling the final image on the bristol board to lay the foundation for the letterer, inker and colorist. It is time to bring out the all-important creative tool, the Magic Pencil!

It sounds silly, but a lot of young artists do think that there is a special pencil that will make their work look better. The truth is, there is! It is whatever pencil you prefer the most.

If you are comfortable with a certain pencil and are able to lay down an image with confidence with it, then it is the one for you. Your very own magic pencil. Things that may help determine which pencil is right for you will be the comfort of the barrel or grip, the hardness of the lead and the sharpness of the point.

I recommend not using lead that is too hard because it will damage the paper, is hard to see and difficult to erase. Lead that is too soft gets messy, and smears on the page getting on your hands and clothes. Soft pencils also require a lot of sharpening and don’t last as long. A medium hardness, for me, works best. Art pencils using HB lead are a good choice.

Number 2 Ticonderoga

I had an anatomy teacher in college, Martha Erlebacher, that drew figures like Michelangelo. Her pencil drawings glowed with a brilliant luster that was unbelievable. When asked what kind of pencil she used she proudly proclaimed, “A number two Ticonderoga!” The common yellow pencil pencil that we all took standardized tests with was her favorite because, as she said, “it had an eraser.”

Besides having an eraser, the lead, or more appropriately the graphite, in a number two pencil has a nice medium density. These pencils can be found everywhere in a multitude of brands, always have erasers, and sharpen easily.

Sharpening is the key to crisp pencil work. Always have a sharpener at your beckon call. Sharpening your pencil is like dipping a nib in ink. Keep your pencil charged with a nice point.

I recommend that you invest in an electric sharpener. You can get battery operated ones for about twelve dollars but for just twice the amount you can get one that plugs in and is always dependable. Trust me, it is an investment you will thank me for if you don’t have one already.

Mechanical pencils are another option and don’t require sharpening. You will find that there are a lot of styles with very comfortable grips and some come with erasers though they usually fall off easily. You can get refills for the lead that come in different hardnesses and widths. If this is your preference I would recommend stocking up on your favorite.

Erasers are about as important as the pencil. We all make mistakes even if we are tracing up from carefully made roughs. The eraser is your friend but it can quickly become the enemy. Too much erasing, especially with a coarse rubber eraser can damage the paper’s surface and make it difficult to draw on and impossible to ink. Too much erasing also leaves mounds of eraser crumbs that become a nuisance.

The eraser at the end of most pencils is made of pink rubber. The Pink Pearl, a beveled eraser that has been popular for years is the same type of eraser. Staedtler Mars is just one of many companies that makes a white vinyl eraser that is much softer than the pink erasers and is much nicer to paper.

Both types of erasers leave lot of crumbs. It is a good idea to have a soft brush handy to brush away these crumbs without smearing your pencil work.

These types of erasers are also used in electric erasers which are a huge asset especially in the final production stages after the work is inked. Nothing in the process of producing comics is more tiring and tedious than erasing the pages to get ready for print.

The kneaded eraser is a much different kind of eraser and is a joy to have around. It looks like a ball of putty and can be molded in all kinds of shapes. It picks up lead like a magnet and leaves no crumbs at all! This is the best reason to use one. Playing with the kneaded eraser is also a great way to relieve tension.

Kneaded erasers are not the best if you press hard on your pencil work. They do not get into the tiny groves as well as the harder erasers. As the kneaded eraser does its job it has a tendency to turn black. You can clean it by regularly kneading it. Eventually you will want to replace it when it starts getting smudgy but generally it will outlast more conventional erasers.

So, there are magic tools after all. Add them to your tool box but remember, the best tool is your talent and that tool gets better with practice. Get out there and draw those comics. I’d love to see them when they are done.

Making Comics Because I Want to.

Gerry Giovinco



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