Posted in: Comics, Recent Updates | Tagged: Comics, toys

BleediLeaks – The Shocker Toys Indieverse Contract

Published Fri, 21 Jan 2011 06:42:44 -0600

The Indieverse is a new comics line from the controversial toy company Shocker Toys. The company describes it as "a new comic universe like Marvel and DC which will feature ongoing story arcs with a diverse number of Indy Comic characters who will fight to destroy evil or become evil themselves."

Sounds very indie. The universe is already populated by a number of public domain characters. So what happens to the characters youi submit?

"Once you have signed your characters into the Indieverse they are signed for the life of Indieverse. Your characters are featured throughout on ongoing story plot and subplots followed with promotion everywhere Indieverse is promoted. You will still publish your own non-indieverse books on your own and own all the rights to your characters. But for the Indieverse books and story you will be featured when called upon to be part of the Universal story and you will have full control over art and your characters along with having your character turned into a 6" action figure part of the Indie Spotlight/Indieverse toyline which will support the Indieverse featuring many of the Indy cast from within the books. As an added bonus you will get advertising space for your books in our Indieverse books that you are featured in."

So, you get comics using your characters, you get toys using your characters and you get… what else?
Promotion. That's it. Oh, and one copy of the comic. Here's the contract folks. I've underlined the more pertinent points.

SHOCKER TOYS- INDIEVERSE LICENSING CONTRACT

===============================================================
AGREEMENT
This Agreement by and between the undersigned (hereinafter referred to as "Licensor" and "Licensee") provides that the Licensor agrees to grant the Licensee specific rights to reproduce the IMAGE (NAME AND CHARACTERS) listed below, for the purpose of manufacturing and marketing the specific product described in this Agreement.

"LICENSOR": __________________________________________________________

Company: ______________________________________________________________

Address: _______________________________________________________________

City, State, Zip: _________________________________________________________

Phone: ______________________ Email: ____________________________________
"LICENSEE": Name: Shocker Toys, LLP

DBA: Indieverse

Address: 87 West End Avenue

City, State, Zip: Somerville, NJ 08876

Phone: (201) 913-7027
"NAME AND CHARACTERS (IMAGE)" as used herein shall mean collectively the name(s), characters, images, symbols, likenesses, modified "art-work", designs and associated goodwill and other indicia constituting the IMAGE being licensed herewith.

A) DATE OF ENACTMENT: Agreement made this ___ day of ____ _____________, 2010__, for the following IMAGE

B) ________________________________(Title/brandname and type of image/label)
C) Comic Books/ Graphic Novels, Posters, and Trading Cards packaged individually or collectively as a set and other merchandise and media involving the Indieverse Universe/Books.
IN CONSIDERATION OF THE FOLLOWING MUTUAL COVENANTS AND OBLIGATIONS, THE PARTIES HEREBY AGREE AS FOLLOWS:
The undersigned Licensee is permitted to include the above listed character/s (whose ownership includes all related concepts and images) in the ongoing publishing and media venture titled "Indieverse".

Licensee agrees to print the following ownership notice in issues of the series and graphic novel cited above in which Licensor's character/s appears.

Character:__________________________________________________________

Copyright & Trademark ______________________________________________

Licensee agrees to receive approval from Licensor of character/s cited above for depiction and interpretation in story and art wherever said character appears in the Indieverse. Shocker Toys agrees to attach any said character story elements and artwork intended to be published in the Indieverse to a corresponding email/ mailing address for approval.

Licensor is due no direct monetary compensation for Licensor's characters involvement in the Indieverse. A separate Rider to this agreement will offer Licensor a Shocker Toys development contract for action figures.

Licensee agrees to mail Licensor (1) copy of each issue cited above in which the Licensor's character appears in Indieverse. Multiple quantities for Licensor's use at their sole discretion will be available on a pre-order basis for a 50% discount.

Now just stop and think for a minute. You are working on your comic creation and think that this may help with promotion. Even if Shocker can't get their product distributed through Diamond due to previous disagreements over promotional tactics – and the company repeatedly can't deliver orders on time, and will only refund you if they can bar you from ever doing business again.

But Shocker get to use your character for the length of the Indieverse. Let's say you do well, and you are in a position to sell a movie option. You are asked if you have full claim to the character you are representing. Do you say "Yes… oh wait, except for this other company which can publish my character as long as they want. Is that a problem?"

How well will that go down in Tinseltown?

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