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General Chat => Books & Comics => Topic started by: Colin YNWA on 17 July, 2010, 06:03:19 PM

Title: Insomnia no longer publishing?
Post by: Colin YNWA on 17 July, 2010, 06:03:19 PM
I'm sorry to be the bearer of bad news as I know a few people here than things in the pipeline from Insomnia but it looks like the company might have gone to the wall?

http://www.bleedingcool.com/2010/07/17/insomnia-publishing-to-cease-publishing/ (http://www.bleedingcool.com/2010/07/17/insomnia-publishing-to-cease-publishing/)

Obviously things might not be as bleak as things here make it sound and hopefully people will still get their work out one way or another but anyway good luck all involved.
Title: Re: Insomnia no longer publishing?
Post by: locustsofdeath! on 17 July, 2010, 06:13:57 PM
Oh no! This really ruins my night... :(.

Can't I get some kind of fucking luck lately...?!?!

Edit: Besides bad luck, I mean. I am snake bit for sure.
Title: Re: Insomnia no longer publishing?
Post by: Dunk! on 17 July, 2010, 06:19:06 PM
That's shite all right.

Hope the boarders it affects can get their IPs back easily and find another outlet.
Title: Re: Insomnia no longer publishing?
Post by: M.I.K. on 17 July, 2010, 06:44:10 PM
This probably explains why The Works has a couple of Insomnia graphic novels on sale for three quid each.
Title: Re: Insomnia no longer publishing?
Post by: Richmond Clements on 17 July, 2010, 06:46:27 PM
Quote from: Dunk! on 17 July, 2010, 06:19:06 PM
That's shite all right.

Hope the boarders it affects can get their IPs back easily and find another outlet.

Yup.
Title: Re: Insomnia no longer publishing?
Post by: mygrimmbrother on 17 July, 2010, 07:16:48 PM
Aw crap.
Title: Re: Insomnia no longer publishing?
Post by: starscape on 17 July, 2010, 07:38:02 PM
I've been reading about some of this over at Will Pickering's blog (http://willpickering.blogspot.com/ (http://willpickering.blogspot.com/)).  Seems an almighty pickle (hopefully that's not too strong  :P) but it does leave me wondering whether the profit involved was worth all the strife?  From what I understand, a couple of books sold well.  After that, the company seemed to believe it's own hype.  Rather than being a friendly indy company with a bit of success (but certainly not with all their books), it seems to have become a company with corporate ideals and profit margins.

Unless there's something going on that hasn't been stated, it just seems a problem that could have been settled pretty amicably with people being a touch more reasonable.  A thank you here, a sorry there, a favour or two settled.  The actual, original problem, before the blow-ups, before the unreasonableness(?), before the contractual issues, but the actual crux of the matter, seems to be so surmountable, it's sad the company has gone BOOM!

Who wouldn't want to read a Crowley TPB after all?
Title: Re: Insomnia no longer publishing?
Post by: Professor Bear on 17 July, 2010, 10:05:06 PM
Either the best possible time I could have chosen to stop drinking, or the worst.

Personally I'm not actually that bothered as the guy writing the GN I was doodling already parlayed it into other work, but I hear that some publishers are deliberately knocking back any ex-Insomnia projects in case they end up alienating future contributors by picking one book over another.  Which is sensible, I suppose, but hopefully won't stop those determined to get their comics out there.
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 17 July, 2010, 10:32:58 PM
Crawford Coutts. What a fucking cunt.

You have no idea how long I've been waiting to post those words.

Cheers!

Jim
Title: Re: Insomnia no longer publishing?
Post by: Bolt-01 on 18 July, 2010, 08:49:22 AM
'tis rough for some folks, but based on conversations from Bristol- not altogether unexpected. The way it looks to me is that they simply grew faster than they could handle and bit off more than they could chew.
Title: Re: Insomnia no longer publishing?
Post by: Richmond Clements on 18 July, 2010, 09:21:40 AM
QuoteUnless there's something going on that hasn't been stated, it just seems a problem that could have been settled pretty amicably with people being a touch more reasonable.

In an ideal world, this would be true. But I think I hvae to echo Jim's words on this one:

QuoteCrawford Coutts. What a fucking cunt.

He has shafted a LOT of people lately. I've been lucky in that Kev and I have managed to get our book out in time (I think we both saw something like this coming). But my Pinkerton book is still in his clutches.
Title: Re: Insomnia no longer publishing?
Post by: markchilly on 18 July, 2010, 09:32:00 AM
Hello,

Rich - now Insomnia no longer exists doesn't that mean all contracts are void and we can start to pitch our projects to other publishers?

Still bemused by the total lack of communication from Crawford, Damaged Goods has been finished since march!!
Title: Re: Insomnia no longer publishing?
Post by: Richmond Clements on 18 July, 2010, 09:34:40 AM
Quote from: markchilly on 18 July, 2010, 09:32:00 AM
Hello,

Rich - now Insomnia no longer exists doesn't that mean all contracts are void and we can start to pitch our projects to other publishers?

Still bemused by the total lack of communication from Crawford, Damaged Goods has been finished since march!!

Mark- good question!
I think not though, as our IPs may come under the heading od assets, so if he wants to play a long and bitter game, he couls choose to not let go of them.
Title: Re: Insomnia no longer publishing?
Post by: markchilly on 18 July, 2010, 09:44:11 AM
oh, this just gets better by the minute.
Title: Re: Insomnia no longer publishing?
Post by: Tweak72 on 18 July, 2010, 10:48:52 AM
Any and all boarders have my greatest sympathy on this. Comic IP issues after a problem like this can be notoriously difficult to resolve. Even if the company end is not run by the kind of person Jim has described. (Grendel took years to sort out for example). Fingers crossed for all.
Title: Re: Insomnia no longer publishing?
Post by: locustsofdeath! on 18 July, 2010, 10:52:13 AM
Long and bitter game...I played one of those once with a novella, and I hope hope yours doesn't go like this:

I wrote and placed the novella  in a magazine called Dark Worlds, which had been up and running for a few years and seemed to be really on the ball - a lot of new and veteran writers were published within its pages. Anyway, I placed it, signed the contract that gave the editor first print and electronic rights and then never heard from him again. When I inquired, I received an email that the mag had gone under. I then inquired about my story and I was informed that the editor still had the rights to it and might possibly someday resurrect Dark Worlds or create a mag like it and use the story. After almost a year had passed, I emailed the guy to see what was going on and got a nasty letter back stating that if I cared so much about the story I could pay him 100 bucks for my rights back. I was broke at the time, but so pissed off at this I got a lone from my mom and gave the f'er the money for my own story!

Annnnnnd lucky for you guys you can read that story in Starscape's Storypaper out soon with illustrations by our own mygrimmbrother. Ha ha, how was that for a rant/cautionary tale/pimp?

Hope no one here has to go through anything like that. Luckily for me, I was only in the middle of a rewrite for the project I was in talks with them about...
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 18 July, 2010, 11:41:52 AM
Quote from: Richmond Clements on 18 July, 2010, 09:34:40 AM
I think not though, as our IPs may come under the heading od assets, so if he wants to play a long and bitter game, he couls choose to not let go of them.

Ah. The thing is, though -- a contract is a two-way street. As a letterer, I was actually employed by Insomnia and my supposed payment actually came as a percentage of Insomnia's revenue on the books, so I don't know what the writers' and artists' contract looked like.

However, in broad strokes, I think the contract says this: creators agree to produce a work for Insomnia. In return for producing this work, and for surrendering certain rights*, Insomnia agreed to publish that work in certain formats and then pay the creators a percentage of the profits.

Since it is highly unlikely that Insomnia will fulfil their side of that contract, I think you could argue that the creators' side is void. With the important proviso that I AM NOT A LAWYER, I would suggest sending Crawford with something like the following in the first instance. If you have a postal address, I would suggest both an e-mail and a letter by Recorded Delivery.

Dear Crawford,

Whilst I am disappointed to learn that Insomnia Publications has ceased trading, this situation makes it imperative that we now resolve the issue of the existing contracts between myself, [your name], [collaborators' names] and Insomnia concerning [name of the work].

Specifically, Insomnia's contractual commitments require the company to publish [name of the the work] as part of its obligations in return for the creators' time and effort in producing [name of the work]. If this is no longer Insomnia's intention, then the contract between the company and [creators' names] concerning [name of the work] is no longer applicable.

Clearly, the company has secured the rights to publish [name of the work] and I therefore invite you to respond with a definite date for publication of this material. I look forward to receiving your response within the next five working days.

If you choose not to provide such a commitment, then [collaborators' names] and I will hold Insomnia to be in breach of their contract, rendering that contract void.

Additionally, any proposed date must be reasonable and not prejudicial to the creators' interests. Given that the book is [complete / six weeks / three months / whatever from completion] we would anticipate a proposed publication date within [six weeks / three months / six months / in time for Thought Bubble / whatever seems reasonable] and will consider any publication date outside this period to also be a breach of Insomnia's contractual obligations, rendering that contract void.

I trust you will find the above to be a fair and reasonable proposition to resolve this unfortunate situation, and I look forward to your positive response. Please be aware that no verbal communication will be entered into concerning this matter, and your written response is respectfully requested.

Yours

[Creators' names]


If Crawford fails to respond, or chooses to be a dick about the matter, I think this would, at least, provide a good starting point if you have to then consult a solicitor.



EDIT: This above is advice born of annoyance and frustration and is NOT good advice. Don't do it.
Cheers!

Jim

*Aren't Insomnia books essentially owned by their creators, with Insomnia essentially acting as a distributor?
Title: Re: Insomnia no longer publishing?
Post by: Tweak72 on 18 July, 2010, 12:34:47 PM
As Jim has quite rightly said the important part to remeber when sending this kind of letter is
"If you have a postal address, I would suggest both an e-mail and a letter by Recorded Delivery."
You can, with this, then have evidence accepted in court of where the letter has been and who it was delivered too. It may cost more than a first class stamp but the excuse "Lost in the Post" becomes mute.
Title: Re: Insomnia no longer publishing?
Post by: The Enigmatic Dr X on 18 July, 2010, 12:55:03 PM
THIS POST HAS BEEN EDITED.

I would suggest those affected consider the following:-

First, how do you know there is a problem?

You can't believe everything you hear on the internet. Maybe there's no problem at all, or maybe this is just a delay?


Second, has there been a breach of contract?

Does anyone have a deadline for publication? Has it been missed? Have there been other breaches of contract? If not, then what is the problem?


Third, don't act prematurely.

I would caution against leaping to a conclusion and taking hasty action - you don't want to expose yourself to a counter-claim that you are in breach of your agreement. Without having all the facts, you are not able to assess your options.

I am not sure Jim's proposed letter would have any benefit, other than catharsis and the feeling of doing something. Either Insomnia will publish the books, or they will not/ cannot. I don't see how such a letter is likely to change the position.

You may be better served to wait until you know your position and then take a firmer line if one is needed. There are all sorts of variables. For example, if the business was sold, and someone came in and wanted to honour the contracts, would that be a problem?
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 18 July, 2010, 01:22:58 PM
Quote from: The Enigmatic Dr X on 18 July, 2010, 12:55:03 PM
First, how do you know there is a problem?

You can't believe everything you hear on the internet. Maybe there's no problem at all, or maybe this is just a delay?

This is being confirmed by people on the Insomnia editorial team, so I'm assuming it's true.

Quotethen what is the problem?

Crawford does not have a good track record (http://willpickering.blogspot.com/) for letting people walk away from Insomnia.

QuoteI am not sure Jim's proposed letter would have any benefit, other than catharsis and the feeling of doing something. Either Insomnia will publish the books, or they will not/ cannot. I don't see how such a letter is likely to change the position.

As Rich points out, Crawford might try to claim the company's IP as an asset -- he's certainly shown no particular desire to be reasonable over Burke & Hare. As such, it's important to establish whether the creators or Insomnia own the rights to their books. Certainly, no other publisher will touch a project if there's any doubt as to the ownership.

The intention of my suggestion is to put Crawford, a frustratingly uncommunicative individual at the best of times, in the position of explicitly stating whether he intends, through Insomnia, to publish the books he commissioned.

If he doesn't intend to do so, I believe there is reasonable grounds to argue that the contracts are void. Doing so establishes that ownership of the projects rests solely with the creators and leaves them free to approach other publishers, something they are currently unable to do.

Cheers

Jim
Title: Re: Insomnia no longer publishing?
Post by: The Enigmatic Dr X on 18 July, 2010, 01:41:31 PM
My point is that either there is a problem (in which case a stronger may be more approptiate) or there is not (in which case the suggested letter or anything like it may cause problems).

But at this point, I don't think there is anything to go on other than the blog to suggest there is a problem?
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 18 July, 2010, 01:57:14 PM
Quote from: The Enigmatic Dr X on 18 July, 2010, 01:41:31 PM
But at this point, I don't think there is anything to go on other than the blog to suggest there is a problem?

MASSIVE EDIT:

His Enigmaticness is correct, and I am merely annoyed to see so many people work so hard and get shafted for their troubles, particularly because the situation as it is would preclude their taking books for which they've signed contracts to other publishers.

However, knee-jerk reactions like mine are probably not the best way forward at this time. In the first instance, it's probably best to see if Crawford has anything to say now that the story has broken, although past experience suggests not holding one's breath.

CHeers

Jim
Title: Re: Insomnia no longer publishing?
Post by: M.I.K. on 18 July, 2010, 02:06:59 PM
Insomnia graphic novels suddenly appearing in The Works at a fifth of their original cover price seems a bit too much of a coincidence.
Title: Re: Insomnia no longer publishing?
Post by: The Enigmatic Dr X on 18 July, 2010, 04:12:57 PM
Maybe the thing to do is for those affected to, um, y'know... ask nicely?

Contract disputes are messy business. There is no need to launch into one by accident - and making claims about void contracts could be the way to do just that.

Maybe ask the question and wait for the answer, then decide what to do.
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 18 July, 2010, 04:22:14 PM
Quote from: The Enigmatic Dr X on 18 July, 2010, 04:12:57 PM
Maybe the thing to do is for those affected to, um, y'know... ask nicely?

This is the internet, bub! Your reasonableness has no place here!

Fuck you, and the sensible advice you rode in on!

:-P

Cheers!

Jim
Title: Re: Insomnia no longer publishing?
Post by: Dunk! on 18 July, 2010, 04:59:48 PM
If this Crawford guy was such a shady C U Next Tuesday, as some think, what was the appeal of placing product in his hands to be published?

Did the other Insomnia guys make it a better prospect?

Or was the back catalogue a lure?
Title: Re: Insomnia no longer publishing?
Post by: bluemeanie on 18 July, 2010, 06:34:12 PM
Well we went with them over a year ago.
They'd put out Layer Zero which I had a story in, were just about to publish Cancertown which was done really well. All seemed fine.
Especially as I was dealing with Nic Wilkinson who left a few months ago when things started to get a bit suspicious. As anyone who has ever dealt with Nic knows she is professional and scarily screwed on with all this stuff. Her going was definately the beggining of the end.

As for The Enigmatic Dr X's suggestion... our book was supposed to be launched at this years Bristol Con. It took me weeks of emailing just to get a "no, it wont be" reply and that was only after a "You dont want to see me at Bristol if you dont reply to this" ... not that they eventually showed up anyway.

I know people much higher up the Insomnia chain now and in the past who havent been able to get so much as a simple reply to anything so I'm guessing the odds of us ever hearing from him again are zero.

There's still a part of me hoping this all turns out to be crap as we've had a finished graphic novel sat with them for months now. Pretty fucking depressing to be honest. I had the one book just about to be published, a story for the next anthology book which was excellently drawn by Dean Stahl, and another GN written up with the artist about a quarter of the way through. I can understand if a company goes through, but this "I'll just hide and hope it all goes away" is fucking bullshit as I know people who have been working their arses off the last two weeks unaware the guy they are doing it for (and for free) had reportedly filed with companies house. Even a "We're finished" email would have spared them the time and effort for nothing. And this is people doing admin type work as well, not just us writers and artists who to be fair would probably keep doing our stuff anyway.

http://www.digitalspy.co.uk/comics/news/a246081/insomnia-publishing-to-cease-trading.html
Title: Re: Insomnia no longer publishing?
Post by: TordelBack on 18 July, 2010, 07:48:23 PM
Quote from: Richmond Clements on 18 July, 2010, 09:21:40 AM
But my Pinkerton book is still in his clutches.

Aw no!  I've been looking forward to that!
Title: Re: Insomnia no longer publishing?
Post by: Peter Wolf on 18 July, 2010, 08:10:47 PM
Quote from: M.I.K. on 18 July, 2010, 02:06:59 PM
Insomnia graphic novels suddenly appearing in The Works at a fifth of their original cover price seems a bit too much of a coincidence.

No such thing as coincidence.

It does seem to me that there is a certain amount of deception going on on the part of the publisher.

Quote from: The Enigmatic Dr X on 18 July, 2010, 04:12:57 PM
Maybe the thing to do is for those affected to, um, y'know... ask nicely?

Contract disputes are messy business. There is no need to launch into one by accident - and making claims about void contracts could be the way to do just that.

Maybe ask the question and wait for the answer, then decide what to do.


You would think that the publisher would have the decency to notify the creators with a letter explaining the situation regarding the company and how it affects their contracts etc etc.

Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 18 July, 2010, 08:33:06 PM
Quote from: Dunk! on 18 July, 2010, 04:59:48 PM
If this Crawford guy was such a shady C U Next Tuesday, as some think, what was the appeal of placing product in his hands to be published?

To be fair, I have never described Crawford as shady, and still wouldn't.

Insomnia started out presenting themselves as a kinder, gentler sort of publisher; it was a partnership with the creators, and so on.

Some time around the Sony deal to publish on the PSP, things started to change with various personnel changes, an explosion of new project commissions... and a sudden tendency towards lack of communication.

There's no doubt in my mind that Crawford had some brilliant strategy that he either couldn't or wouldn't share with anyone, but his "If you're not with me, you're against me" attitude didn't win him friends, and he steadfastly refused to see the flaw in any strategy that involves running a publishing company that doesn't publish anything.

Cheers

Jim
Title: Re: Insomnia no longer publishing?
Post by: Dunk! on 18 July, 2010, 09:21:35 PM
Yeah, for the record "shady" was my choice of word based on an interpretation of the online stuff i've read, and, as it goes, an inaccurate one.

For the record.

Dunk!
Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 18 July, 2010, 10:05:11 PM
Terrible to see another quality indie press fall foul of the times :(
Title: Re: Insomnia no longer publishing?
Post by: House of Usher on 18 July, 2010, 10:15:57 PM
That's a charitable take on it.
Title: Re: Insomnia no longer publishing?
Post by: GordonR on 19 July, 2010, 11:33:51 AM
I met the Insomnia owners exactly a year ago.  I was interested in doing something creator-owned (and slightly off-beat), and with working with a new Scottish comics publisher that was based almost on my doorstep.  I pitched them my idea, and was almost immediately offered a contract.

Unfortunately, after reading it, I became severely disinclined to sign it.  Had I been younger, hungrier and looking to get my foot in the door of the comics industry, I dare say I would probably have signed it, but I was none of those things, and had been around the block enough times to spot a poor contract when one's presented to me.

You can shout all you want in press releases and blogs about fairness and your committment to creators' rights, but those percentage figures in a contract always tell the real story.

I emailed my concerns to the publisher (40% agency fee for handling of foreign reprints, film rights etc, when I've already got an agent who'll do that for me for the industry standard 15%?  You're having a fucking laugh...) and assumed this could all be negotiated in good faith to something we could all agree on...........and then never heard anything back.

I was later told the publisher claimed never to have received my email, but I also know there were discussions within the company about importance of getting more established creators signed up, and the need to offer those creators something other than the company's standard terms, but senior management refused to budge.  I can only assume my email was received and read....and then - going on what happened with other later events - someone took the severe hump at a lowly comics creator daring to question the fairness of their contracts.

I'm long enough in the tooth now to spot companies and individuals I don't want to work with, and so pursued the matter no further, especially when I started to hear the stories on the grapevine.  I'm in full sympathy with the guys just starting out, who've had their hopes built up and then smashed by what's gone on with Insomnia. 

Keep on at it, guys.  If you're going to get ripped off/led up the garden path (and you will; it's happened to us all) it's maybe best to get it over with as early in your career as possible, and then be in a better position to spot it the next time it looks like happening.
Title: Re: Insomnia no longer publishing?
Post by: Matt Timson on 19 July, 2010, 12:53:11 PM
Quote from: GordonR on 19 July, 2010, 11:33:51 AM

Keep on at it, guys.  If you're going to get ripped off/led up the garden path (and you will; it's happened to us all) it's maybe best to get it over with as early in your career as possible, and then be in a better position to spot it the next time it looks like happening.

Very true.  It's a bit like Chicken Pox.  Everybody has to get it sooner or later- and the younger you are, the better.

I am gutted for people though- and I hope it all gets resolved as quickly as possible.
Title: Re: Insomnia no longer publishing?
Post by: The Enigmatic Dr X on 19 July, 2010, 02:04:01 PM
A few quick points about contracts.

- percentages: as Gordon points out there tend to be standard percentages, even for new teams. Some publishers might front load things so they get their cost back, but that should be a specified amount and after that there should be a more balanced share.

- printing and promotion: this might seem really obvious, but the contract should say what a publisher will do. That is, it should say if it will print your stuff , if it will publish your stuff on-line, if it will promote your stuff, and tell you what it is doing in connection with all this. Otherwise, what is the publisher agreeing to do?

- territory: if a publisher is based in one country, why should it get a global licence if it asks for it? If you were successful, by the time foreign (US, Australian) publishers get their cut, very little would be coming back to you - especially if your UK publisher is getting 40%+. Ideally, you want to reserve the right to get your own agent, or to cut down on revenue to a UK publisher for foreign publication.

- audit: in general, don't just take a publishers word for what it has done. There should be a right to inspect its books and records to check it out.

- deadlines and trigger dates: if a contract says something can or should be done, there should be a deadline for it (even if that is "within a reasonable time").

- agreements to agree: bear in mind wording along the lines of "as agreed at the time" (eg foreign sales commission will be at an agreed rate, or "we will carry out promotion as we agree is appropriate") are not normally enforceable. An "agreement to agree" is not normally a contract obligation, just an unenforceable statement of intent.

All these things can be hard for a newcomer to negotiate, but they should not be unfamiliar to a publisher.
Title: Re: Insomnia no longer publishing?
Post by: Professor Bear on 19 July, 2010, 02:10:22 PM
Can I just say it would be terrible if scanning sites got a hold of any finished work that's sitting in a drawer somewhere?  I mean, the vague possibility of getting read by a potential few hundred people goes up in smoke as a potential few thousand get to read your work for nothing and all that effort is wasted as your comic gets put in front of an audience.  Some of whom would probably pimp it out of sheer bloody-mindedness.

It doesn't bear thinking about.
Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 19 July, 2010, 02:39:50 PM
Quote from: The Enigmatic Dr X on 19 July, 2010, 02:04:01 PM
A few quick points about contracts.

I've actually read mine, now! :-)

Some of it actually seems pretty clear, and fairly positive:

Quote
1.1   The Creator as legal owner with full title to the Contribution grants the following exclusive licences to the Publisher:
‐ to publish the Contribution in any and all languages and publishing media during the full period of licence and all possible renewals, reversions and extensions, unless

a) the licensee (the Publisher) goes into bankruptcy or insolvency, or

b) The Work is out of print for a period of 24 months, at which date the full rights will revert back to The Creator and this agreement will become void.

and

Quote
1.4 In the event that the Publisher has failed to utilise the Work in graphic novel format within eighteen (18) months of the Work's timely completion and receipt, the licence granted shall terminate and all rights thereunder shall revert to the Creator, who shall have no further obligation to the Publisher, Insomnia Publications Ltd. This clause shall not apply where the failure to utilise the work is wholly or partly due to the omission, fault, default, negligence of other failure of the Licensor.

Which suggests, to me, in a NON-LAWYER CAPACITY that people should end up getting their books back. YMMV. Terms and conditions apply. The judges decision is final and no correspondence will be entered into. No proof of purchase required. Serving suggestion only.

Note, however, that the Companies House website has a habit of taking you to the wrong company's details when you click on the search results. You'll need to copy and paste the link below, but unless I'm reading that wrong, it most definitely does NOT say that the company has ceased trading:

http://wck2.companieshouse.gov.uk/25f97dd8a507d7ebe4e1d875314a7c09/compdetails

Cheers!

Jim
Title: Re: Insomnia no longer publishing?
Post by: The Enigmatic Dr X on 19 July, 2010, 02:51:33 PM
For anyone interested in contracts, just about every contract for every thing should follow this template:

1) Who does what, and when
2) Who pays what, and when
3) What if it goes wrong?
4) When does it end?
5) What if someone goes bust (usually a variation on (4))
Title: Re: Insomnia no longer publishing?
Post by: Peter Wolf on 19 July, 2010, 03:21:14 PM
If anyone doesnt understand the contract they are signing for any reason and you dont know anyone personally who can offer advice then its money well spent paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time to go through it with you so that everything is clear and any irregularities can be pointed out.

Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 19 July, 2010, 03:40:07 PM
For fiction writers, I would HIGHLY recommend joining the Society of Authors:

http://www.societyofauthors.org/

My publisher, Snowbooks sign all of their writers up with SOC free of charge.

SOC offer an excellent contract vetting service.
Title: Re: Insomnia no longer publishing?
Post by: GordonR on 19 July, 2010, 03:48:32 PM
The Society of Authors......oh dear God, I'm going to have to go lie down in a darkened room now...
Title: Re: Insomnia no longer publishing?
Post by: Roger Godpleton on 19 July, 2010, 04:02:50 PM
Careful Gordon, the society will break into yo' house and Fuck. You. Up. With their Mont Blancs or whatever.
Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 19 July, 2010, 04:16:12 PM
Quote from: GordonR on 19 July, 2010, 03:48:32 PM
The Society of Authors......oh dear God, I'm going to have to go lie down in a darkened room now...

Not sure what point you're making, Gordon, but SOC do a great job in my experience as a paid writer starting out.

Title: Re: Insomnia no longer publishing?
Post by: starscape on 19 July, 2010, 04:45:36 PM
Why does Society of Authors get abbreviated to SOC?
Quote from: Peter Wolf on 19 July, 2010, 03:21:14 PM
If anyone doesnt understand the contract they are signing for any reason and you dont know anyone personally who can offer advice then its money well spent paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time to go through it with you so that everything is clear and any irregularities can be pointed out.
And any money earned would be swiftly gone "paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time".
Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 19 July, 2010, 05:31:24 PM
Quote from: starscape on 19 July, 2010, 04:45:36 PM
Why does Society of Authors get abbreviated to SOC?

Because I can't spell, like.  ;)

My my aren't we all very pass-remarkable today. Must be a Monday thing.

(or an internet thing) 
Title: Re: Insomnia no longer publishing?
Post by: Peter Wolf on 19 July, 2010, 08:00:53 PM
Quote from: starscape on 19 July, 2010, 04:45:36 PM
Why does Society of Authors get abbreviated to SOC?
Quote from: Peter Wolf on 19 July, 2010, 03:21:14 PM
If anyone doesnt understand the contract they are signing for any reason and you dont know anyone personally who can offer advice then its money well spent paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time to go through it with you so that everything is clear and any irregularities can be pointed out.
And any money earned would be swiftly gone "paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time".

No comment.
Title: Re: Insomnia no longer publishing?
Post by: Peter Wolf on 19 July, 2010, 10:10:11 PM

Now i have my brain in gear i will form a reply :

Quote from: starscape on 19 July, 2010, 04:45:36 PM
Why does Society of Authors get abbreviated to SOC?
Quote from: Peter Wolf on 19 July, 2010, 03:21:14 PM
If anyone doesnt understand the contract they are signing for any reason and you dont know anyone personally who can offer advice then its money well spent paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time to go through it with you so that everything is clear and any irregularities can be pointed out.
And any money earned would be swiftly gone "paying a lawyer [preferably one who specialises in contract law] for an hour or two of their time".

I totally disagree.

How much are you expecting to earn realistically from the contract you are signing ??

Its all relative but i fail to see how a one off payment to a lawyer for a couple of hours work or even a few hours work providing you have done your own research and costed out what you are prepared to pay a lawyer whose fees vary considerably depending on which firm you pay then its money well spent.You might be able to find a lawyer to do it for a fixed fee as they are not fighting a case for you as they would be pointing out irregularities that you can point out to the publisher yourself as a lawyer doesnt need to do that for you.

Lets say a payment of £500 - 1000 for your consultation doesnt translate to anything that is going to negate all your potential earnings from your contract at all so i see it as investing in yourself and its better to be safe than sorry when its too late to do anything about it.

I know a Lawyer who is a partner in this firm :

http://webcache.googleusercontent.com/search?q=cache:Cv4oZIHuDwcJ:www.blplaw.com/+berwin+leighton+peisner&cd=1&hl=en&ct=clnk&gl=uk&client=firefox-a

I will ask out of curiosity about this when i see them later this week or even enquire another firm to find out how much it costs to read over a contract and point out anything that is detrimental to you before you sign it because i am not going to be told i am wrong by a one sentence glib comment.


Title: Re: Insomnia no longer publishing?
Post by: Jim_Campbell on 19 July, 2010, 10:15:38 PM
Quote from: Peter Wolf on 19 July, 2010, 10:10:11 PM

How much are you expecting to earn realistically from the contract you are signing ??

On a back end deal like the one Insomnia were offering? It would be foolish to assume you were going to see any money at all -- I think most people signed up for the exposure, actual cash would have been a bonus.

Cheers!

Jim
Title: Re: Insomnia no longer publishing?
Post by: TordelBack on 19 July, 2010, 10:28:39 PM
Quote from: Jim_Campbell on 19 July, 2010, 10:15:38 PM
On a back end deal like the one Insomnia were offering? It would be foolish to assume you were going to see any money at all -- I think most people signed up for the exposure, actual cash would have been a bonus.

Peter does have a point though.  Wombly anecdote follows.  I wanted to be a journalist when I was a bright eyed teen (before I fell in lust with a cute blond archaeologiste and damned myself to sexually-fulfilled penury instead), to the point of hanging about newsrooms and pestering journos.  One helpful hack gave me the lowdown on the absolute necessity of joining the NUJ and when I recoiled in horror from the annual fees he remarked "if you aren't able to afford it, it's a sign you aren't good enough" (ironically my cute blond is now a member).  

It's not the same thing, and I do appreciate that you creatives sign up to get your work out there rather than to make a mint, but there are always some expensive essentials that you need to cover going into a profession - understanding a contract is surely one.  That isn't to say that you have to take professional advice with every job - going through even one contract with a lawyer will give you a good handle on 90% of what you need to know for the future. Comparing notes with other pros will help fill in blanks.  But I suspect it is something that needs to be taken seriously, money or no.
Title: Re: Insomnia no longer publishing?
Post by: House of Usher on 19 July, 2010, 11:09:05 PM
True, but any legal advice running into three figures is going to wipe out any financial returns on a UK indie graphic novel.
Title: Re: Insomnia no longer publishing?
Post by: Peter Wolf on 19 July, 2010, 11:14:55 PM
Obviously if you are going to earn very little or nothing from your publishing contract then it doesnt justify the expense of legal advice which is common sense but if i was a writer and i had interest from major publishers in my book and there was potentially money in it then i would want peace of mind that i wasnt allowing myself to be ripped off and spend the rest of my life regretting it.

Quote from: Jim_Campbell on 19 July, 2010, 10:15:38 PM
Quote from: Peter Wolf on 19 July, 2010, 10:10:11 PM

How much are you expecting to earn realistically from the contract you are signing ??

On a back end deal like the one Insomnia were offering? It would be foolish to assume you were going to see any money at all -- I think most people signed up for the exposure, actual cash would have been a bonus.

Cheers!

Jim

Absolutely.It wouldnt be worth it in that instance.

Title: Re: Insomnia no longer publishing?
Post by: locustsofdeath! on 19 July, 2010, 11:23:24 PM
Quote from: House of Usher on 19 July, 2010, 11:09:05 PM
True, but any legal advice running into three figures is going to wipe out any financial returns on a UK indie graphic novel.

Most of us are writing for free anyway, so it's not so much of a big deal. Tordelback's story really hit home - that hack's (not Tordel  :D) words hit home. I'd rather not make any money but be steered in the right direction in terms of protecting my work and understanding what rights I do have if future profits happened to be made...
Title: Re: Insomnia no longer publishing?
Post by: Van Dom on 20 July, 2010, 12:14:10 AM
Well thats a load of balls. I only "found" Insomnia recently (when reading about bluemeanies "Damaged Goods") and was thinking "hmmmmm that could be useful..." I bookmarked their website for future reference and everything. Tch.

Obviously its a hell of a lot more balls for you guys who had actually started down the road on stuff with them though. Ouch. Really sorry for you all. :(
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 21 July, 2010, 05:07:42 PM
Good luck everyone - some of you have graphic novels I'd kill to read so don't make me go that far now, ye hear.
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 20 August, 2010, 05:44:06 PM
So they have finally shut up shop, which was inevitable really, the good news is:

QuoteI hereby release each of you from your contracts with immediate effect. I would like to request that you please pass this message on to your fellow Insomniacs to ensure all those with an Insomnia Publications Ltd contract is aware in case I have missed anyone.

www.bleedingcool.com/2010/08/20/insomnia-publications-finally-gets-put-to-sleep/

Good luck to everyone with finding new homes - there are going to be glut of graphic novel projects looking for new homes, fingers crossed the quality ones rise to the top (which are those being made from folks on here naturally).
Title: Re: Insomnia no longer publishing?
Post by: bluemeanie on 20 August, 2010, 05:52:32 PM
Yeah, have to start looking for a new home for our book now. Sucks we're having to go through this again as neither of us enjoy the sales part of this.

At least we're free to have the option though
Title: Re: Insomnia no longer publishing?
Post by: Colin YNWA on 20 August, 2010, 06:27:54 PM
Sad and must be annoying and more to those who had work in the pipeline but at least people aren't having to wrangle over their ownership rights.
Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 20 August, 2010, 07:28:42 PM
Quote from: Emperor on 20 August, 2010, 05:44:06 PM
So they have finally shut up shop, which was inevitable really, the good news is:

QuoteI hereby release each of you from your contracts with immediate effect. I would like to request that you please pass this message on to your fellow Insomniacs to ensure all those with an Insomnia Publications Ltd contract is aware in case I have missed anyone.

www.bleedingcool.com/2010/08/20/insomnia-publications-finally-gets-put-to-sleep/

Good luck to everyone with finding new homes - there are going to be glut of graphic novel projects looking for new homes, fingers crossed the quality ones rise to the top (which are those being made from folks on here naturally).

Yep, this is good news indeed. I'm sure that another publisher will grab up the good stuff (by fellow boarders, I hasten to add!) quick smart! :) Good luck to all affected. Back on the saddle and find your material new homes!
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 09 October, 2010, 02:54:59 AM
Seems Cancertown has found a new home at Markosia:

http://downthetubescomics.blogspot.com/2010/10/cancertown-joins-markosia-publication.html

Makes sense as Cy Dethan has done work for them before.

Fingers crossed for everyone else - any progress?
Title: Re: Insomnia no longer publishing?
Post by: Dandontdare on 09 October, 2010, 03:10:13 AM
Quote from: Emperor on 09 October, 2010, 02:54:59 AM
Seems Cancertown has found a new home at Markosia:

http://downthetubescomics.blogspot.com/2010/10/cancertown-joins-markosia-publication.html

Makes sense as Cy Dethan has done work for them before.

Fingers crossed for everyone else - any progress?

I take it this is just a reprint of the (pretty damn good) insomnia book, rather than a sequel or continued series?

I'm not surprised that Insomnia's success-stories are finding publishers willing to reprint them, it's all the stuff that never saw the light of day that needs to find a home. Here's hoping!
Title: Re: Insomnia no longer publishing?
Post by: Richmond Clements on 09 October, 2010, 09:40:48 AM
Quote from: Dandontdare on 09 October, 2010, 03:10:13 AM
Quote from: Emperor on 09 October, 2010, 02:54:59 AM
Seems Cancertown has found a new home at Markosia:

http://downthetubescomics.blogspot.com/2010/10/cancertown-joins-markosia-publication.html

Makes sense as Cy Dethan has done work for them before.

Fingers crossed for everyone else - any progress?

No- af far as I know, Cy has written a sequel.
I take it this is just a reprint of the (pretty damn good) insomnia book, rather than a sequel or continued series?

I'm not surprised that Insomnia's success-stories are finding publishers willing to reprint them, it's all the stuff that never saw the light of day that needs to find a home. Here's hoping!
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 09 October, 2010, 04:04:02 PM
So no news that is fit to print on Coruvs?
Title: Re: Insomnia no longer publishing?
Post by: Richmond Clements on 09 October, 2010, 04:21:54 PM
Quote from: Emperor on 09 October, 2010, 04:04:02 PM
So no news that is fit to print on Coruvs?

Nothing we can talk about at the moment...
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 09 October, 2010, 04:31:07 PM
Quote from: Richmond Clements on 09 October, 2010, 04:21:54 PM
Quote from: Emperor on 09 October, 2010, 04:04:02 PM
So no news that is fit to print on Coruvs?

Nothing we can talk about at the moment...

I assumed as much - as you and Kev would be shouting it from the rooftops. ;) Ah well fingers crossed.
Title: Re: Insomnia no longer publishing?
Post by: BPP on 09 October, 2010, 04:57:00 PM
Hope you creator types are having success getting your stuff back and new homes. Good luck to you all.
Title: Re: Insomnia no longer publishing?
Post by: HOO-HAA on 10 October, 2010, 11:02:54 AM
Delighted to hear about Cancertown - best of luck to Stephen et al!  :)
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 22 October, 2010, 10:07:22 PM
Burke & Hare has its own site, timely because of the film (which isn't based on the book):

www.burkeandharecomic.co.uk

Via:
http://downthetubescomics.blogspot.com/2010/10/burke-and-hare-comic-web-site-live.html
Title: Re: Insomnia no longer publishing?
Post by: Lucifal on 23 October, 2010, 08:55:13 AM
Every other person I spoke to at BICS seemed to have been burnt by Insomnia's demise.
I have to say I wasn't surprised when I heard the news. They were just over stretching themselves, like they were picking up projects to stop other publishers getting them. I'm often tempted to say, yes we'll publish that, but I have a handle on the finances - and it's easier to say no when your aims are realistic. Yes, a publisher needs new titles all the time, but they have to be good, and there's no point in rushing a project.
Title: Re: Insomnia no longer publishing?
Post by: Emperor on 18 November, 2010, 04:53:13 PM
Simon Wyatt's book "Unbelievable: The Man Who Ate Daffodils" has been picked up by Markosia, which is good news as I was looking forward to that one:

http://downthetubescomics.blogspot.com/2010/11/simon-wyatts-unbelievable-gets-new.html