To put it another way, in the freelance writing business, you’re not supposed to work for a client that doesn’t offer you a contract. It’s likely that client will not pay you otherwise.

Even when writers and artists work together, it’s important to work up a creator’s agreement so that the parties know exactly who owns what in case something goes wrong.

Bottom line: Get it in writing. Always.

Standard disclaimer: I am not a lawyer, but I annoy the hell out of people I do business with because I actually read the things I sign.

• I’m very happy with my mortgage, but I can tell you exactly the ways my life will be ruined if I fail to pay up each month.
• I’m very happy that my college worked out a scam with ROTC that let freshmen out of PE in return for two easy-A military history classes (while still keeping accreditation), but I can tell you exactly how many years I was obligated to serve if war had broken out during the 23 weeks I was technically an army cadet.
• Hell, I read End User License Agreements when I install software; there’s some real damn interesting penalties that I’ve willingly agreed to by clicking a mouse.

The point remains: contracts of any sort — and most certainly not limited to IP — do not exist for when everybody’s happy with each other. They exist to provide specific, enforced remedies — exerciseable against you or the other party — if either fail to meet stated obligations. If you’re lucky, the contract is balanced to the degreee that each party can equally screw the other if things go bad. But if you read over a contract you’re offered and can’t identify who (to use T’s phrasing) “the bitch” is, it’s probably you.

Regarding DJ’s case, keep in mind we’re not sure what happened behind the scenes. On Platinum’s side of things, why would they keep spending thousands of dollars on a series that only sells a couple thousand issues every 2 months? We’re not privy to the contract they signed after HbN went to an ongoing series.

I’m just saying that the “all contracts” statement punishes anyone who wants to make a noble contract, and excuses the bad, by presenting bad contracts as a law of nature or logic. Fish gotta swim, tigers gotta hunt, contracts gotta screw the little guy. Whaddayagonnado?

Of course, there’s a little selfish incentive at work here. I do most of my work with partners on a profit-split or page-rate basis, work that would be impossible without some simple agreements, so I have a vested interest in making this distinction clear.

In DJ’s specific case, we’re also dealing with contract VIOLATION. Defaulting on a contracted payment to a contractor should never be seen as “business as usual.” It’s a crime. It’s wrong. The end.

But I think even you agree that you should do as much in-house as possible and where feasible.

Yes, most of what larger entities offer creative types could be done on their own. But it’s a lot less of a sure thing being the small guy, the larger guys are the larger guys because their methods are proven.

Giving another example, if a huge book chain came to you and said we want to order order 50,000 copies of Starslip #1 for sale in our stores around the country.

Sounds great, but because of how the book industry works, you’re the one who needs to put up the cash for the printing.

And because the book industry works on consignment, on average, there will be 30% returns to you, which you’re accountable for.

So where you going to find over 50k to put together your print run?

That’s where the corporate folks come in.

My point here is that we shouldn’t be thinking we can do it all on our own because we can’t, we don’t have the same resources as Time Warner.

We should be educating ourselves and our industry so that we’re singing the RIGHT contracts.

It’s possible to enter into a good agreement with a publisher, media company or vendor. It happens every day.

But contracts are there as a documentation of what was originally agreed upon. It’s documentation, not a means of enforcement.

I don’t think enough people know that.