Friday, May 13, 2011

Sample Contract of a Scam Publisher - Kirk Lindo - Brainstorm - Vamperotica

I had the displeasure to sign this contract with Kirk Lindo back in 1999, When I look back I have to cringe at how stupid I was to sign this garbage, But I did learn a lot since then. Study this contract and learn what to look for, this is a prime example of a scam contract.

A line by line summary:

1. This is a standard "Rights to Publish" clause, basically allows the publisher to print your art, but in this case it goes well beyond comics.

If you find something like this, make sure you will be compensated for every Item stated in the contract before you sign!

2. Quality control, to ensure the publisher gets your best work.

In my case, I recently found out my contract was terminated for this reason, but never contacted to be formally fired. Kirk Lindo claims my work was sub standard and it became a problem to the whole production, and yet my pages were published, contradictory to the clause "WORK WILL BE CONSIDERED ACCEPTED UNLESS REVISIONS ARE REQUESTED." No revisions were requested or art sent back to be reworked.

3. Payment/ royalty schedules, nuff said.

This part is really sad because I would have made practically nothing or made it worth my time, but back then I didn't know that. I would have made something at least if I had been paid. Then I could have some kind of paid status and credit in the business.

4. Promo copies for the artist.

Again I was never given any copies of books my work was published in, 30 days after Vamperotica Pin-up Special came out I was still sending art to Kirk Lindo.

5. Independent Contractor. This just establishes you do not work in-house, and are a freelancer.


Yeah I know, but I was young and stupid, the thought of having my work in print was overwhelming. And I thought this guy seems cool!

7. Contract Breach. Another red flag!

Penalties for breach are Non-Payment, No return of original artwork, and no Credit for existing work. Basically, what happened to me as claimed by Kirk Lindo, Except I was not informed of a breach of contract ever.

8. Confidentiality. You must keep your trap shut about all the projects and plans, even the financial info.

9. Cancellation of contract.

As I've stated before, I was never informed of a breach, but this clause was also was ignored.

10. The entire agreement. No changes may be made without consent of both parties.

There was also a verbal agreement to sell my pin-up's on ebay and I would be paid from that as well, But Lindo kept all the money except for $50.00 he paid me in Feb while I was still drawing pin-up's. Which he said was from ebay sales, so I don't know why I wasn't paid in full on that agreement.

It just go to show verbal agreements mean nothing, don't ever do them. Also, if you see similar clauses as seen in the Kirk Lindo Brainstorm Media Inc. Contract, do yourself a favor and pass on it, I wish I did.


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