King Ninja! Kind of a jerk. I mean, there's supervillainy (taking over the world, that kind of thing) and there's jerkhood which involves things like tripping old ladies and scribbling obscene drawings in library books, and King Ninja's just entered jerkhood.
So there's a couple things I want to discuss, in the hopes all you lovely folks on the internets can help me out. I finished the 50th Superhero Girl comic last week (and the 51st this week), so there's a good number of SHG comics drawn. I was thinking about self-publishing a book of SHG comics, specifically to take with me to the Toronto Comic Arts Festival (TCAF) in May. I'm not yet sure if I'll offer the book online for sale. That's something I think will have to be decided down the road, but I'd really like to put something out for TCAF, because I don't have anything that's wholly mine and new to sell there.
I've never self-published before. I don't know what options there are out there, so if anyone knows anything about that, options for printers especially, I'd love to hear them. I'd like to put together a decently sized (the strips are about 3.5 by 6 inches when published, I'd like to maybe have them a little bigger than that), probably perfect (square-bound) book. Any suggestions for printers or print on demand options? I'm pretty lost when it comes to self-publishing, so any help at all would be very appreciated.
There's also the matter of the comic's title. DC and Marvel own the trademark to the term "Super heroes," and if I'm going to sell this book, I potentially might get in trouble with them down the road. I find this trademark thing pretty confusing. I mean, the comic Invincible has the word "Superhero" right on its cover, and there are plenty of non-DC/Marvel superhero comics out there, so there seems to be some leniency over the issue, but I've no idea where the line is drawn. It'd be nice if I could just ask the mucky mucks over in mainstream comic land what the deal is, but that's probably not an option. Seriously, if anyone out there has firsthand knowledge about this issue, I'd love some information as to what's allowed and what's not.
ANYWAY. In order to prevent future headaches, I'm throwing the door open to title suggestions for this book. Since I'm not making money off the website, I'm hoping certain trademark holders won't mind if I keep the webcomic name the same, and publish the book with a different name. If you suggest something that I like, I'll be happy to draw you a pretty picture or something. :)
Okay, this is super-long. To recap: Looking to self-publish some SHG comics, suggestions needed for printing options. Also looking for a non-trademark infringing name. Go wild.
Since you're in Canada, trademark law may be somewhat different. I'm not sure what the current status is in the US, though. If Invincible is using the word in advertising, that would seem to be in direct conflict with the whole point of the trademark. My cursory check found various mentions around 5 years ago, but nothing more recent.
ReplyDeleteI had a brief Twitter conversation with Kurt Busiek who indicated the tradmark is really limited in scope and may not hold up to any legal scrutiny if it came to that. You might want to buzz him to see if he can provide more insight, there.
In any case, it could be as easy as changing the title to "The Adventures of a Super Heroic Girl".
There's a bunch of different web-based print companies out there, like say www.ka-blam.com --they'll generally take a page of your book for advertising in exchange for a discounted print cost. Heck, just google 'digital comic printing' and start shopping.
ReplyDeleteI've recently heard several conversations on this vein; I'll try to see if I can find any of them after work.
ReplyDeleteAnd yes, NK deserves to be smacked upside the head. Idiot.
Comics Should Be Good has a good article about the superhero trademark issue here, which talks about a few specifics, but certainly this point especially seems to pertain to your situation:
ReplyDelete>Q: Does this affect our ability to use the word superhero?
A: Only if you want to make a product that fits into those categories and sell it. So if you want to sell (you can make it for your own personal pleasure) a comic book called "Star Spangled Superhero Stories," you would not be able to. But if you want to refer to your characters as superheroes WITHIN the comic, you can do so. This is what allows DC to refer to their character as Captain Marvel WITHIN the comic, but they cannot use the name Captain Marvel in advertising or as the name of the comic, because Marvel has a registered trademark on that name.
Seems like you have the right idea, in that case. You could refer to the character as Superhero Girl within the story, but not call the comic that.
It sounds like there's nothing stopping you, however, literally calling the book SHG Comics! if you wanted to, of course. And sounds like you could have the word superhero on the cover, with a flash saying "The Adventures of Superhero Girl!" as long as you don't actually call the comic that.
There's a few rights lawyers in the fandom, though, who would be able for sure where you stand.
Not sure on printing, but a quick Google threw up Atlantis Studios, who make a few suggestions for on-demand printers here.
I will add, if you do publish, I'd really really love to own a copy, so if you did offer the book online, that'd make me happy.
And my memory is a little foggy but I think Marvel and DC have a trademark on the word "Super-Hero" with a hyphen. There is no trademark on it without the hyphen or as two words.
ReplyDeleteHere we go http://yetanothercomicsblog.blogspot.com/2006/03/who-owns-super-hero.html
Howard Taylor of Schlock Mercenary talks openly about independent publishing. I'm going to guess that he's be willing to offer advice to a colleague but I only know him through his work -- not personally.
ReplyDeleteAlso might be worth checking out Blind Ferret Entertainment: http://www.blindferret.com/work.php
I'm not sure about that --
ReplyDelete"Super Hero Happy Hour" (two words, no hyphen) had to change its name, as I recall.
Although, really, it's less about what's actually infringing and more about what will cause Marvel and DC's lawyers to spring into action. :/
-Steve
Don't use Lebonfon to print. They look like a good option at first, but they have screwed over just about every self-publishing comic artist I know with broken promises, changing rules mid-game, and being just plain rude.
ReplyDeleteFor a title... what about using a tweaked line of dialogue from one of the strips? "Just Another Ordinary Citizen" or "Some Nobody in a Mask" or "Don't Call Me Raccoon Girl" ooor somethin'.
ReplyDelete"The Adventures of HeroGirl"
ReplyDeleteThe US analysis goes approximately like this:
ReplyDeletehttp://www.bitlaw.com/trademark/infringe.html#factors
You'd probably be well advised to change the name or license, as those factors work in Marvel's favor. Assuming you're worried about being hauled into court in the US, that is.
Don't be fooled by the comment above about the hyphen. Buyers wouldn't care or notice and neither would the law.
Many of the Marvel TM's can be found here, on the USPTO site:
http://tess2.uspto.gov/bin/showfield?f=toc&state=4007:jfd6n8.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=live&p_tagrepl~:=PARA1$LD&expr=PARA1+AND+PARA2&p_s_PARA2=super+heros&p_tagrepl~:=PARA2$COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
You could always name the issue after the enemies - "Space Monsters, Ninjas, and Unemployment".
ReplyDeleteI have indeed heard some horror stories about Lebonfon, but the book we did with them went great. Just sayin'.
ReplyDeleteWith printing, the first question you need to answer is how many copies you want. If you want 1000 or more, a big printer like Lebonfon or Transcontinental or MCRL is certainly the way to go. They can do it the most cost effectively per copy. But that'll be an investment of thousands of dollars. If you want to do less than 1000, but let's say more than 100, I think your best option is to check out local print shops in Halifax. You won't get the same price per copy as with a big printer (who wouldn't be interested in small print runs anyways), but you will have the benefit of being able to talk to them in person and pick up your books without having to ship them. Ask for price quotes from as many mid-sized or small printers as you can find and pick the best price. Compare them to the price of print-on-demand and chances are they'll be a better deal. That's what I'd do.
I'm assuming this is going to stay black and white- colour is a whole other kettle of fish.
Most of the other comments have summed up US trademark law pretty well, and I second the suggestions either to change her name to "Hero Girl" (or "Super Student" or "Super Teen" or whatever) or keep her name but pick something else for the title of the series. Since I don't think she's actually been called "Superhero Girl" in the text anywhere yet, either is a good option. Maybe you could even hold a "name this character/comic!" contest.
ReplyDeleteI'll also add that both Canada and the US are signatories to the TRIPS treaty, which (simplified) includes a promise of enforcement of the other's trademark laws. So yes, Marvel can sue you, a Canadian, on their US trademark if they feel like it.
Thanks for the input, guys. From what I understand about the Trademark issue, I can't call the comic "Superhero girl" but I can call her a superhero within the comic. So that's fine. She is called "Superhero Girl" a couple of times within the comic, so maybe I'll change that for something else.
ReplyDeleteI like Niki's idea of having the title be a phrase from the comic. I kind of like "Just the Usual Superpowers" (from her conversation with Skeptical guy). I'm assuming nobody owns the copyright to "Superpowers."
I'm getting a lot of good feedback about the self-publishing thing. I'd definitely like to try and find a Canadian printer because then I won't have to deal with shipping across the border, which can be obscenely expensive.. I had one in BC (SIPScomics) and Toronto (Guerilla Printing) recc'd to me, so I'll look them up first before I hit up American printers.
I can't offer any advice on self publishing or trademark issues, but I'm thrilled that you're thinking of having SHG printed. I've been saving the strips, but I would gladly buy the real thing from you if one was available. Of course, it sounds like it will be a very limited run, for locals only, but I'd happily pay international postage on top of the cost for a spare copy.
ReplyDeleteI'd definitely like a copy if you get them printed and enjoy the idea of the title being a line from the comic. Another option you might consider if printing a full book is too much, is just to publish mini-books/teasers, with say 5 comics and do a sketch for the individual, if sketching all day at a convention is a viable option for you.
ReplyDeleteIf you're in Nova Scotia, you should talk to Mark Oakley, of Thieves and Kings - http://iboxpublishing.com ,Presumably his printer/publisher is a decent company.
ReplyDeleteMy suggestion for a book title comes from the Dec. 28 comic: "You're My Archnemesis!"
ReplyDeleteAlternately, I'm reminded of a book from my childhood titled "Are You My Mother?", which makes me wonder if "Are You My Archnemesis?" might be a good title.
I vote for "Just the Usual Superpowers" Really catchy, from the comic, and I think it fits the tone of the overall comic pretty well =)
ReplyDeleteMy suggestion is also "you're my archnemesis!"
ReplyDeleteOr make the cover look like an add in the classifieds. "Hero in need of Archnemesis" or something like that.
Jim Munroe self-publishes books and comics, and has a lot of really helpful information on his site: http://nomediakings.org/
ReplyDeleteJake Parker did his Inktober book through lulu.com and I had my Bohemian Highway book printed through Lulu as well.
ReplyDeletehttp://www.lulu.com/product/paperback/hatke-family-adventures/13629157
It turned out pretty well. Email me if I can help you figure anything out.
Dylan Meconis uses a Canadian publisher and they did a gorgeous job with her work. I don't have a copy on hand 'cause I lent it out to a friend to give you the publisher's name, though. Maybe you could e-mail her about it?
ReplyDelete-Laura
I would look to some of the comic people who have started online and self published i.e. Scott Kurtz, Greg Dean from reallifecomics.com, etc... they seem like pretty good people who genuinely would want to help others looking to get started.
ReplyDeleteComixpress seems like a pretty good option. I've never printed through them, but their prices are comparable to Ka-Blam's, and their ads are prettier, if you're going that route. The main difference is that you have to sumbit the file as a .pdf, and Ka-Blam will take them as .tiff's.
ReplyDeleteI would not suggest printing through Lulu for this kind of thing, as they take a 20% profit off of every book.
wow great comments^_^ thats nice how everyone helping feeding there input. liek that oen guy said. u should make some calls of people u know to check wit them. see if they can give u input about this.
ReplyDeleteand love new chapter. lol. he is only getting job so she wont get it. haha thats mess up^_^
Unfortunately, I believe "superpower" is also trademarked. "Power" is not, however.
ReplyDeleteI don't really see how they could possibly maintain a trademark on terms like superhero and superpower for very much longer, it's already more than half way down the slippery slope to genericism like what happened with aspirin, baby oil, and zipper and is in danger of happening with Xerox and eventually Google (that is, if a trademarked term is ruled as common use it loses its distinctiveness and validity as a trademark); at this point I'm pretty sure if they tried to enforce it against anyone with a spine and competent lawyer they'd end up losing (but who wants to be the one to put his or her ass on the line?).
ReplyDelete"Super Hero" is trademarked but not "Superhero" isn't.
ReplyDeleteKing Ninja, that is hilarious, but I don't think it's a proper qualification for the job.
ReplyDelete