Intellectual Property Law
Event Recap: Comic Books & Graphic Novels – A Lawyer’s Guide from Page to Screen – Smith
Speakers:
- Michael Lovitz, Founder, Lovitz IP Law
- Paul Menes, Of Counsel, Law Offices of Ronald P. Slates
- David Branfman, Counsel Branfman Mayfield Bustarde Reichenthal LLP (moderator)
By Mallory Smith, Student Reporter
This panel featured IP attorney Michael Lovitz, better known as the “emperor of comic book law,” along with media lawyer Paul Menes and comic industry pro David Branfman. Together they walked through how comic books and graphic novels actually make their way from the page to film and TV, and what creators should be thinking about from the legal side.
They started with the classic question of what counts as a comic book versus a graphic novel. David Branfman joked that graphic novels are basically “comic books on steroids,” since they are longer and more literary but still built on the same storytelling style. Michael Lovitz added that comic books and graphic novels are basically cousins and creators should think about protecting their work the same way no matter which format they are working in.
The biggest practical advice of the entire session was simple. Register your work. Paul Menes explained that registering with the U.S. Copyright Office is cheap, fast, and honestly the easiest way for creators to protect themselves. Since comics and graphic novels often develop over months or years, they encourage creators to register chapters, issues, scripts, character descriptions, or anything that shows their creative progress. Getting work registered early can make a huge difference if there are ever disagreements about rights when a project starts getting interest from studios.
The panel then talked about the shift between self-publishing and traditional publishing. With online platforms making it easier to publish independently, Menes and Lovitz explained the tradeoff that creators face. Going independent means more creative control but working with a big publisher means bigger reach and better marketing power. It really depends on what a creator wants from their career.
They also broke down how most creators get started. Many artists and writers begin with work-for-hire jobs at the big comic publishers, which helps them build their reputation. Later on they move toward creator owned projects. Since comics involve so many people working together (writers, artists, colorists, letterers and more) the panel stressed how important it is to have solid agreements in place that outline who owns what, how decisions get made, and how conflicts get resolved. These details matter a lot once a project is being considered for adaptation.
A major part of the discussion covered shopping agreements versus option agreements. Shopping agreements let a producer pitch a project but do not offer creators much protection if nothing comes from it. Option agreements go deeper; they cover payment, rights, deadlines, what happens if development stalls, and when rights return to the creator. The panel recommended making sure even short form agreements are truly binding and getting a full long form contract in place as early as possible.
To wrap up, the speakers talked about how fast technology is changing the industry. Tools like AI, AR, VR and new digital platforms are already influencing how stories are created and sold. They encouraged creators and lawyers to write contracts that take future tech into account so creators do not lose control of their work as new formats appear.
Overall the panel made it clear that getting from the page to the screen is an exciting path for creators but it can get messy without the right planning. Registering your work early, having clear agreements, and staying aware of industry changes are key to keeping control and making the most of any opportunities that come your way.
