Posted in: Comics | Tagged: Comics, entertainment, michael davis, michaeldavis, milestone

"Contractual Rape" – Deal Or No Deal 3 – Michael Davis, From The Edge

Michael Davis is the co-founder of Milestone Comics and a current graphic novelist. He runs The Black Panel at San Diego Comic Con. And he now writes a weekly column for Bleeding Cool.

To recap – read the last two articles. Thus ends the recap.

Having completed what I hoped were the necessary steps toward my goal of putting a curriculum-based comic book reading program in the schools, I was ready for the next and most important step. And for that, I needed a partner.

First rule of Fight Club: never talk about Fight Club.

Second rule of Fight Club: never fight a Black woman.

First rule of business: never use your own money.

There was a period in my career when I wanted to own everything, so I paid for everything. I had some success, but I realized soon enough that paying for everything can be a dangerous road on which to travel unless you have really deep pockets and can afford to lose much of it.

I've done deals where I put up the development money, and my compensation was back end… meaning I waited for the venture to start making money to recoup and profit from it.

Sometimes paying for everything was a great idea, but sometimes not so much. I don't regret paying for development for some projects, but except for a passion project of mine, I doubt that I will ever do it again.

If you have the cash and want to control and own everything in your deal, financing everything may work for you. But before you empty your life savings to finance, direct, produce and own your project, give this a thought: would anyone but you pay to do what you are about to do?

The right partner is what I needed for The Action Files, my comic book reading program for schools.

And I'm back!

Not bad, eh? That's likely the fastest I've ever gone off on a tangent and returned to the central point of the article. See that, all you "Can't write for shit, all over the place nonsense" folks? I care about what you think, and I'm making every effort to give you what you want.

No.

No I'm not.

When looking for a partner, be very careful to consider everything, not just the money. I don't care how much money they bring to the table – it can be a nightmare.

I'll say it again, it can be a nightmare.

I can't go into particulars as to why a deal or two bankrolled by a partner turned out to be a nightmare (gag order, restraining order, hit men, and an angry midget, among other less pleasant things), but trust me: it can be, so think long and hard before you take that check.

I was lucky enough to have three companies interested in The Action Files. I met with all three and decided the best place for The Action Files and myself was powerhouse publisher Simon & Schuster. At the time, they were one of the biggest publishers of mainstream and educational materials in the world.

We came to an agreement after a series of meetings, and The Action Files was no longer just an idea I came up with a year prior. It was now about to be a reality.

It's safe to say that many things could have easily torpedoed the deal as much as helped secure it.

An almost-sure approach to destroying a pending agreement is trying to negotiate a contract on your own. Thinking that you can discuss and close a deal because it was your great idea is just stupid.

Unless you are an entertainment attorney, or an entertainment idiot servant, when it comes to negotiating your business dealings with an established company, you don't know shit.

I DO know shit, and I still wouldn't do it.

There are only three ways that can go.

1. You kill the deal

2. You "close" the deal. Your new contract allows your new "partner" to expect deliverables such as carnal knowledge with your wife among other things. Other things that make the wife stipulation seem like a win for you.

3. You kill yourself.

You simply cannot win. It WON'T happen. Your idea grants you no protection whatsoever. The protection you need is someone who knows what they are doing. Failing to have that person on your side will result in your contractual rape. You will be raped like a young pretty boy in prison, and you'll be told you asked for it in clause after clause.

There is one more step that no one seems to tell young people.

No one talks about the vetting process.

Any serious player who is about to invest his dollars into your idea is going to do their due diligence and vet you. That, in layman's terms, means they check you out.

The process may be as simple as asking for references or as in-depth as a full background check. So don't even think about telling a company you did something that you did not do when discussing your resume or bio.

The entertainment business is about one thing above all things. That thing is relationships. Many a life-changing opportunity has been inches away from becoming reality when something from the seller's background put a stop to it.

You never know what will be unacceptable to whom. There is no advice I can give you that will clean up your past history. If you are ever in the position where a background check is conducted, here the best advice I can give you: DO NOT LIE about what you have accomplished.

You will be found out.

Also, people can smell bullshit, and you are not smarter than they are.

If it's true you've had a meeting at Disney, and they offered you a deal, and indeed you did turn it down, you could very well say that.

However, they will discover that meeting was a job interview at Disneyland. The job offered was holding the "I'm the end of the line" sign. And you turned it down because Six Flags was nearer to your house.

Today's background checks take a severe path to reach their goals. That goal is different from company to company, but I can tell you this about all companies: it's no longer just to make sure you are who you say you are or if you killed anyone.

You may have done or said something on social media that makes you a possible litigation risk. It does not have to even be something you said – it may be something you shared to your wall or even just "liked."

A young friend of mine with a spotless resume and squeaky clean personal life was given an "offer letter" to run a huge division at a huge entertainment company. The offer was rescinded when the background check revealed a less-than-stellar credit report.

Why, you ask, is anyone's personal credit report important to any company?

Because it says you cannot handle money. But if it's your personal money you screwed up, why is that anyone's business but your own? Think about it. If you can't handle your own money, why would anyone want you to handle theirs?

Relationships are not just people – it's everything you have your name on. Anytime those relationships are questioned, you suffer. Once those questions are proven reliable, you're toast.

I'm not just a seller of ideas (content) – I've run entertainment divisions at major companies and was a buyer. As head of my own company, I'm often pitched projects I've unable, unwilling, or unmoved to be in business with. I've been pitched ideas I've loved and had every intention to embrace it. That was before the due diligence was complete.

I've spent 20 years building relationships, influence, and access. No one, and I mean no one, is granted entry into that world without a serious pedigree and my trust. It's too easy to get burned allowing people who have personal or professional drama into your inner circle.

As an example, the flaming hot new graphic novel and soon-to-be-major-motion-picture, The Fifth Beatle, found its home at Dark Horse because of a call I made.

I had nothing whatsoever to do with the development of the project. A dear friend and rock star publicist Martha Thomases brought the project and writer to me, and I brought the writer and project to Dark Horse.

Martha Thomases is my dear friend, but even if we did not know each other, she has an impeccable reputation, as does Vivek Tiwary, the writer and producer of the project. He and I have become great friends, but we may never have met if not for Martha. As a result, I would not have insisted Mike Richardson meet with him, and The Fifth Beatle may today just still be a good idea.

I have NO doubt The Fifth Beatle would have been produced without my assistance.

But…

My relationship with Mike Richardson, Martha's relationship with me, and Vivek's relationship with Martha were all a factor in it ending up at Dark Horse.

I'm currently developing a slate of projects with Wayne Brady. Wayne and I are friends now, but don't for a moment think his team didn't vet me.

The vetting process Simon & Schuster did before they wrote a check for The Action Files was intense, yet somehow they missed both the Dateline and 20/20 investigations into the (unverified) rumors I had something to do with what happened to Tupac and Biggie.

Hopefully this series of articles has underscored at least these four things to those who may have a great idea:

1. Do your homework.
2. Take the time you need, not the time you want.
3. Your job is content; your lawyer's job is contract.
4. Tell the truth.

Lastly, dismiss the last three weeks if you will, but The Action Files Reading Program has been published non-stop since 1996.

I hope you all have a Happy Thanksgiving.

Michael Davis

Deal or No Deal 3

To recap – read the last two articles. Thus ends the recap.

Having completed what I hoped were the necessary steps toward my goal of

putting a curriculum-based comic book reading program in the schools, I was

ready for the next and most important step. And for that, I needed a partner.

First rule of Fight Club: never talk about Fight Club.

Second rule of Fight Club: never fight a Black woman.

First rule of business: never use your own money.

There was a period in my career when I wanted to own everything, so I paid

for everything. I had some success, but I realized soon enough that paying for

everything can be a dangerous road on which to travel unless you have really deep

pockets and can afford to lose much of it.

I've done deals where I put up the development money, and my compensation was

back end… meaning I waited for the venture to start making money to recoup and

profit from it.

Sometimes paying for everything was a great idea, but sometimes not so much.

I don't regret paying for development for some projects, but except for a passion

project of mine, I doubt that I will ever do it again.

If you have the cash and want to control and own everything in your deal,

financing everything may work for you. But before you empty your life savings to

finance, direct, produce and own your project, give this a thought: would anyone

but you pay to do what you are about to do?

The right partner is what I needed for The Action Files, my comic book reading

program for schools.

And I'm back!

Not bad, eh? That's likely the fastest I've ever gone off on a tangent and returned

to the central point of the article. See that, all you "Can't write for shit, all over the

place nonsense" folks? I care about what you think, and I'm making every effort

to give you what you want.

No.

No I'm not.

When looking for a partner, be very careful to consider everything, not just

the money. I don't care how much money they bring to the table – it can be a

nightmare.

I'll say it again, it can be a nightmare.

I can't go into particulars as to why a deal or two bankrolled by a partner turned

out to be a nightmare (gag order, restraining order, hit men, and an angry midget,

among other less pleasant things), but trust me: it can be, so think long and hard

before you take that check.

I was lucky enough to have three companies interested in The Action Files. I met

with all three and decided the best place for The Action Files and myself was

powerhouse publisher Simon & Schuster. At the time, they were one of the biggest

publishers of mainstream and educational materials in the world.

We came to an agreement after a series of meetings, and The Action Files was no

longer just an idea I came up with a year prior. It was now about to be a reality.

It's safe to say that many things could have easily torpedoed the deal as much as

helped secure it.

An almost-sure approach to destroying a pending agreement is trying to negotiate

a contract on your own. Thinking that you can discuss and close a deal because it

was your great idea is just stupid.

Unless you are an entertainment attorney, or an entertainment idiot servant, when

it comes to negotiating your business dealings with an established company, you

don't know shit.

I DO know shit, and I still wouldn't do it.

There are only three ways that can go.

1. You kill the deal

2. You "close" the deal. Your new contract allows your new "partner" to

expect deliverables such as carnal knowledge with your wife among other

things. Other things that make the wife stipulation seem like a win for you.

3. You kill yourself.

You simply cannot win. It WON'T happen. Your idea grants you no protection

whatsoever. The protection you need is someone who knows what they are doing.

Failing to have that person on your side will result in your contractual rape. You

will be raped like a young pretty boy in prison, and you'll be told you asked for it

in clause after clause.

There is one more step that no one seems to tell young people.

No one talks about the vetting process.

Any serious player who is about to invest his dollars into your idea is going to do

their due diligence and vet you. That, in layman's terms, means they check you

out.

The process may be as simple as asking for references or as in-depth as a full

background check. So don't even think about telling a company you did something

that you did not do when discussing your resume or bio.

The entertainment business is about one thing above all things. That thing is

relationships. Many a life-changing opportunity has been inches away from

becoming reality when something from the seller's background put a stop to it.

You never know what will be unacceptable to whom. There is no advice I can give

you that will clean up your past history. If you are ever in the position where a

background check is conducted, here the best advice I can give you: DO NOT LIE

about what you have accomplished.

You will be found out.

Also, people can smell bullshit, and you are not smarter than they are.

If it's true you've had a meeting at Disney, and they offered you a deal, and indeed

you did turn it down, you could very well say that.

However, they will discover that meeting was a job interview at Disneyland. The

job offered was holding the "I'm the end of the line" sign. And you turned it down

because Six Flags was nearer to your house.

Today's background checks take a severe path to reach their goals. That goal is

different from company to company, but I can tell you this about all companies:

it's no longer just to make sure you are who you say you are or if you killed

anyone.

You may have done or said something on social media that makes you a possible

litigation risk. It does not have to even be something you said – it may be

something you shared to your wall or even just "liked."

A young friend of mine with a spotless resume and squeaky clean personal

life was given an "offer letter" to run a huge division at a huge entertainment

company. The offer was rescinded when the background check revealed a less-
than-stellar credit report.

Why, you ask, is anyone's personal credit report important to any company?

Because it says you cannot handle money. But if it's your personal money you

screwed up, why is that anyone's business but your own? Think about it. If you

can't handle your own money, why would anyone want you to handle theirs?

Relationships are not just people – it's everything you have your name on.

Anytime those relationships are questioned, you suffer. Once those questions are

proven reliable, you're toast.

I'm not just a seller of ideas (content) – I've run entertainment divisions at major

companies and was a buyer. As head of my own company, I'm often pitched

projects I've unable, unwilling, or unmoved to be in business with. I've been

pitched ideas I've loved and had every intention to embrace it. That was before the

due diligence was complete.

I've spent 20 years building relationships, influence, and access. No one, and

I mean no one, is granted entry into that world without a serious pedigree and

my trust. It's too easy to get burned allowing people who have personal or

professional drama into your inner circle.

As an example, the flaming hot new graphic novel and soon-to-be-major-motion-
picture, The Fifth Beatle, found it's home at Dark Horse because of a call I made.

I had nothing whatsoever to do with the development of the project. A dear friend

and rock star publicist Martha Thomases brought the project and writer to me, and

I brought the writer and project to Dark Horse.

Martha Thomases is my dear friend, but even if we did not know each other, she

has an impeccable reputation, as does Vivek Tiwary, the writer and producer of

the project. He and I have become great friends, but we may never have met if not

for Martha. As a result, I would not have insisted Mike Richardson meet with him,

and The Fifth Beatle may today just still be a good idea.

I have NO doubt The Fifth Beatle would have been produced without my

assistance.

But…

My relationship with Mike Richardson, Martha's relationship with me, and

Vivek's relationship with Martha were all a factor in it ending up at Dark Horse.

I'm currently developing a slate of projects with Wayne Brady. Wayne and I are

friends now, but don't for a moment think his team didn't vet me.

The vetting process Simon & Schuster did before they wrote a check for The

Action Files was intense, yet somehow they missed both the Dateline and 20/

20 investigations into the (unverified) rumors I had something to do with what

happened to Tupac and Biggie.

Hopefully this series of articles has underscored at least these four things to those

who may have a great idea:

1. Do your homework.

2. Take the time you need, not the time you want.

3. Your job is content; your lawyer's job is contract.

4. Tell the truth.

Lastly, dismiss the last three weeks if you will, but The Action Files Reading

Program has been published non-stop since 1996.

I hope you all have a Happy Thanksgiving.

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