Industry Elites Added As Judges for Webcomic Contest

[Spinwhiz]

This was partially covered by the WoW and Zelda questions, but can we use characterizations/representations of real life individuals? More specifically, those that do features on The Escapist such as Shamus or Yahtzee Croshaw, assuming that:

1.) It is done in good taste (obviously, and I realize this would be very subjective)
2.) It does not constitute libel towards said individual(s)
3.) No infringement of said Escapist feature(s) occurs

I ask this without knowing the legal relationship that the Escapist has with it's content writers/contributors.

I would stay away from any personalities or brands on The Escapist.

Also,

Names of games in the conversation are okay, just like the way Shamus does it in Stolen Pixels or the guys from Penny Arcade.

This is a very grey area. While you are allowed to use images from the Warcraft Universe, doing anything to promote a brand (say a certain soda) or putting them in unflattering situations that could hurt the brand, would get the comic closed before you could blink. So, if you are just using the images or even your characters from the game but your content is not affect the brand, you should be okay. There are a lot of webcomics out there that use parody from games, so the only thing we can do is ask you to try and we'll see what happens.

Penny Arcade has been cited quite a bit in this thread. Many of the PA comics involve Gabe's renditions of game characters and parodies of situations involving their games (my favorite of all time is when Nova tries to take shelter from the Nihilistic Software/Blizzard fiasco in Tycho and Gabe's apartment, resulting in Tycho nearly being garroted).

Would it be safe to assume that humor and parody in the same flavor as Penny Arcade would be acceptable for this competition?


Thank you for your time, and I'm glad to see so many good discussions, good questions and good answers being thrown around!

Yes, it would be safe to assume that humor and parody could be used in the same way.

 

[Spinwhiz]

If it is a parody or satire of a game and everything it encompasses, it's probably okay. Sending Link out on another adventure will send Nintendo your way in a hurry but if you are using a likeness of Link and creating a funny adventure, there is a possibility it may be okay.

To stay with Zelda, if you are poking fun at something in Zelda and using a likeness of Link, again probably as well.

Taking specific items out of any game or storyline and generating more content based on that becomes fan fiction, which will most certainly bring Nintendo's lawyers sending over a cease and desist order.

What about repurposing existing iconic characters and giving them new plots in different worlds, à la There Will Be Brawl?

It's possible, sure. It will be up to us to decide whether or not it crosses the line.

 

[Spinwhiz]

Soo... what's The Escapist's stance on pen names and pseudonyms?

I work under a few, and not for nefarious reasons. I just enjoy my privacy and general anonymity.

Hi,

Can the comics be part of a larger story, so its split into 2-page bursts each week, or are you wanting them to start with a topic and end on the next page?

They can be part of an overall story, sure.

 

[Spinwhiz]

now i do have ideas, and i do concider myself a good artist, but not a good computer artist. would it be frowned uppon if i hand draw my comics, scan them, then upload them?

edit: would they even be accepted at all?

Sure, you can do that.

 

[Spinwhiz]

Also, the one-fram logo that's not actually a comic, is it basically just like a banner, like you would see on penny-arcade or other sites? Please let me know, thanks.

Yup, like a banner with your webcomic name.

"Webcomics submitted to The Escapist Webcomic Contest must be the exclusive property of the contest entrant and have never before appeared or been broadcast in any form anywhere"

Can I take this to mean that we cannot use comics that we have published on the web for this? If so, does this apply for new installments to our established series and reoccuring characters?

No comics from the web will be accepted. We are really looking for new stories and characters as well, so continuations of an ongoing series probably wouldn't make it for this contest.

Soo... what's The Escapist's stance on pen names and pseudonyms?

I work under a few, and not for nefarious reasons. I just enjoy my privacy and general anonymity.

You are welcome to submit under a pseudonym or pen name but you MUST PM me your actual name for reasons that by entering into this contest you are signing a legal contract, which means we need to know who you are.

 

[AverageGreg]

Hi,
I'd like to know if the contest has any country restrictions.

To clarify: me and my girlfriend are both italians, are there any legal obstacles that wouldn't allow us to partecipate?

The general rules posted on the contest page don't mention any, but i wanted to be sure before we start to commit ourselves to our project

Thanks in advance!

 

[Netrosis]

I'm just curious, as it isn't specifically stated on the details page, or at least I can't find it, but how are the winners chosen?
Is it by public vote?

Also, are the 4 pages being submitted, would you prefer it to be the start of the comic, or can it be a sample of the contents and jokes? (This assuming it is a story driven comic that progresses from each comic to the next).


The legal writing seems to contradict itself in two places.

The contestant hereby grants a non-exclusive, royalty free, world-wide, irrevocable, perpetual license to publish, distribute, sell, and otherwise exploit the Contest Entry in any medium to Company. The contestant retains all other right, title, and interest in the Contest Entry.

Any entry becomes the property of Themis Group, Inc. and will not be returned. Except where otherwise defined by the General Rules of this contest, entrants surrender copyright and all interests therein of their submissions to Themis Group, Inc. with the understanding that the materials may be used for promotional purposes.

Am I correct in understanding that the author(s) of a webcomic entry own the Intellectual Property and copyright to the entries, and that Escapist/Themis Media are just licensing the rights to publish the work?

If such an author were to win, is this still the same type of licence that would be using in an ongoing contract? Or would the Escapist/Themis Media become the owner of the image files?

Obviously you guys need to turn the comic into a revenue stream to pay for itself, by selling merchandise, I'm probably guessing t-shirts. Is there any limitation on the author(s) going to say a web-comic convention and representing themselves and selling their own merchandise?

Are there any restrictions towards derivative works of the Intellectual Property? Say for example if I were to create posters or a video regarding the character(s) of the webcomic, possibly a screencapture of myself drawing a comic strip. Am I free to upload those posters to say Deviantart, and say videos to Youtube?



All of the technical stuff aside, I can certainly see what you guys are looking for and I'm hoping I'm exactly what you're after. You guys are offering a very nice deal, as you have a very influential and rewarding user base already. I had a gamer-related web-comic idea that has always been in my head but I haven't really fleshed it out on paper. This is the perfect opportunity and motivation to do such a thing.

Apologies for all the legal/technical questions, I just want it to be very clear what kind of restrictions there are working to this contract, rather than going to self published route. I am not just interested in creating just another web comic, I'm interested in making a professional career out of it. Part of doing that is going beyond just creating the comic, its creating stuff the fans want whether it's posters or t-shirts or plushies.

Last question! Is the author(s) revenue from the contract primarily (whats the word!?) percentage based? As in if I were to create 3 or 5 comics per week rather than 2, and that meant higher traffic, do I earn more? Or is it a set amount per week/number of comics? I know you vaguely answered this earlier on, I am just after some clarification.

As I said I'm interested in doing this professionally and properly. Feel free to message me the answers if you feel it would be more appropriate.

 

[AlpineGuy]

This may have been brought up before, but what if I would like to submit a link to something like an online portfolio or deviantART profile in addition to the 5 images?

 

[appleangel]

I'm not sure if anyone has asked this yet, but what resolution do the images have to be in? 72 dpi?

 

[Spinwhiz]

Hi,
I'd like to know if the contest has any country restrictions.

To clarify: me and my girlfriend are both italians, are there any legal obstacles that wouldn't allow us to partecipate?

The general rules posted on the contest page don't mention any, but i wanted to be sure before we start to commit ourselves to our project

Thanks in advance!

Nope, no country restrictions but the dialog must be in English.

This may have been brought up before, but what if I would like to submit a link to something like an online portfolio or deviantART profile in addition to the 5 images?

No extra submissions are being asked about at this time. However, we may ask you for that link in the future, so please keep it handy.

I'm not sure if anyone has asked this yet, but what resolution do the images have to be in? 72 dpi?

Yes, please make all images a minimum of 72dpi. The higher resolution the better.

 

[Bejogo]

Forgive me, as the five existing pages might already suffice to answer the forthcoming queries, but I always get a bit clothy when it comes to the jargon.

Am I correct or incorrect in inferring the following...:

1) ... that entrants retain the rights to the characters and the ideas in their submission, but rights to the images themselves are forfeited effectively indefinitely - meaning that, if the entry is unsuccessful, the five images submitted cannot be sent elsewhere?

2) ... that the contest winner will have no say in any promotion or merchandising, and will not be paid royalties for any merchandise which is sold; will not be paid, indeed, anything beyond the initial salary negotiated?

3) ... that the comic HAS to be about games?

The last question might seem a little simple, given the niche subject of the site at large, but given that 'favourites' cited included Gary Larson's Far Side and the Garfield comics it doesn't seem to foolhardy to surmise that perhaps any subject matter, so long as it is successful in its goals to be entertaining and/or amusing, is acceptable and is in with a chance of winning?

I ask these questions because, as you might imagine, my comic is not *strictly* gaming related and I'm far from keen on the idea of relinquishing rights to four strips in a contest they're not likely to win (in fact, I'm not keen on the idea at all, as I happen to think that the strips so far are rather good).

Also, as I've been visiting the site for a while but only signed up for the contest, this is my first post on the forums. In light of this: hello, Escapist community.

Cheers,
~Ben

 

[AverageGreg]

Nope, no country restrictions but the dialog must be in English.

Yeah, I forgot to explicitly mention that our entry would have been in english, of course.

Thanks a lot! That's what I wanted to know

 

[Spinwhiz]

I'm just curious, as it isn't specifically stated on the details page, or at least I can't find it, but how are the winners chosen?
Is it by public vote?

Also, are the 4 pages being submitted, would you prefer it to be the start of the comic, or can it be a sample of the contents and jokes? (This assuming it is a story driven comic that progresses from each comic to the next).

Either way is okay with us. It depends on the layout of your comic strip really. If it's a story, you may want to start from the beginning but if it's jokes, you have the ability to give us whatever you choose.

SNIP

All of these questions will be answered if you win and we start to draw up a contract. And trust me, we go over EVERYTHING before both parties agree to a contract.

Forgive me, as the five existing pages might already suffice to answer the forthcoming queries, but I always get a bit clothy when it comes to the jargon.

Am I correct or incorrect in inferring the following...:

1) ... that entrants retain the rights to the characters and the ideas in their submission, but rights to the images themselves are forfeited effectively indefinitely - meaning that, if the entry is unsuccessful, the five images submitted cannot be sent elsewhere?

No, you can do whatever you like with them if you don't win.

2) ... that the contest winner will have no say in any promotion or merchandising, and will not be paid royalties for any merchandise which is sold; will not be paid, indeed, anything beyond the initial salary negotiated?

This will all be part of the contract if you win, which both parties will agree upon. For this event, we can choose to promote it however we choose.

3) ... that the comic HAS to be about games?

Well, we are a gaming site, so it would probably be beneficial to have something to do with gaming. On the other hand, if you feel your content would be liked by The Escapist community and it's not about games, please feel free to enter it. It will still be a valid entry, even if it isn't about gaming.

The last question might seem a little simple, given the niche subject of the site at large, but given that 'favourites' cited included Gary Larson's Far Side and the Garfield comics it doesn't seem to foolhardy to surmise that perhaps any subject matter, so long as it is successful in its goals to be entertaining and/or amusing, is acceptable and is in with a chance of winning?

You bet! Bring it on!

 

[appleangel]

Thank you for answering my question Spinwhiz! I'll try to enter my submission as soon as I can!

 

[Bejogo]

Aye, thanks very much for the response. I hope my submission tickles a few funny bones, even if it so transpires that said ticklage will be the extent of its success for now.

Cheers,
~Ben

 

[Netrosis]

Also, are the 4 pages being submitted, would you prefer it to be the start of the comic, or can it be a sample of the contents and jokes? (This assuming it is a story driven comic that progresses from each comic to the next).

Either way is okay with us. It depends on the layout of your comic strip really. If it's a story, you may want to start from the beginning but if it's jokes, you have the ability to give us whatever you choose.

Alright, thanks for the answer. It's just with only 4 pages, it's difficult to both introduce all the characters, and give a sample of the funny that gives a good impression of the comic in the long term.

 

[wbibbiani]

1) ... that entrants retain the rights to the characters and the ideas in their submission, but rights to the images themselves are forfeited effectively indefinitely - meaning that, if the entry is unsuccessful, the five images submitted cannot be sent elsewhere?

No, you can do whatever you like with them if you don't win.

Okay, so does this mean that if our entry does NOT win the contest, then we retain the rights to the concept and the images we sent you, but you can use those specific images we submitted, for free, and in perpetuity? The Escapist retains no rights whatsoever to the intellectual property and any future published artwork or merchandise?

 

[pooryohei]

Alright, thanks for the answer. It's just with only 4 pages, it's difficult to both introduce all the characters, and give a sample of the funny that gives a good impression of the comic in the long term.

The submission doesn't need to be an all encompassing view of your comic it just needs to give them a look at what your comic is like so they can see if it is worth publishing.
I believe we are also suppose to give a written synopsis of the comic as a whole. That is where you will be able to give all your character details and whatnot.

 

[CarlsonAndPeeters]

Hey Spinwhiz, would it be okay for me to send you one or two of my "edgier" comics? I have a hard time understanding the specifics of copyright laws and that stuff, and I don't want to forfeit my entry because my comics are too controversial. Do you think you could have a look and tell me if they are within the boundaries?

 

[lihimsidhe]

after reading this entire thread, i can't say i've ever seen the same questions asked before so many times. while it was good to know that individual panels can be divided however we chose i just can't help but laugh. if the subject matter wasn't so niche, i'd say a web comic based on spinwhiz asked the same question forty thousand times would be a riot. anyways....

on the copyright issue.

firstly, i don't know about all of you, but the sole reason i even knew about this site's existence was zero punctuation. in zp, yahtzee has made several yet subtle mentions on how working with the escapist has made his finances significantly better. for such a sharp-tounged bastard to say that implies to me that the escapist takes care of their own. i could be wrong and end up being no lubed to the stolen idea poorhouse for intellectual property noobs but that's the vibe i get.

secondly, how mind-shattering awesome do you think your ideas are? and to add to that question, how balls to the wall desperate do you think the escapist is to exploit ideas from some random internet poster? if you are not an already employed writer and/or artist, i would say the answer to both those questions is 'not that much at all'. i think the copyright clause is worded the way it is just to cover the escapist's end so they don't get sued in a sue happy world. plus i'm sure the escapist isn't looking to start another jeff gerstman-esque scandal.

but to be honest, even if the escapist was out to exploit my ideas to hell and back, as long as i'm getting recognition for it (which can possibly lead to great things) and am able to make a living by drawing and not eating ramen noodles 25/8 like i am now, who cares? the way things have been going, i'd gladly offer up at least half of all the ideas i've ever had in my life just for a sliver of lasting optimism.

but you know, that's just me.

i'm ecstatic that this contest has been made open to us and win or lose, i'm submitting something. i came here to see if the new zp was up and found something much better instead.

it's wednesday feb 10th; 8:30 a.m. where i'm at now. i'll be starting this web comic submission today. let's see how long it takes me.

and to everyone else, good luck!!!!