I spent the Summer of 2011 working on a heap of illos for a satirical book project about how terrible job prospects are for recent grads in this shitty economy. The publisher, (who for their own protection will go unnamed here) had the tragically brilliant idea of massaging the written text into the format of a Dr Seuss book, and I was tapped to provide the illustrations.
This assignment was a bit of a stretch for me, not only because I’m not the illustration world’s most adept style mimic, (R. Sikoryak comes to mind), but also because Dr Seuss’ wildly loose approach to drawing is pretty much the polar opposite of my own unforgivingly precise, tight-assed style. Nevertheless, I’m a big Seuss fan, and I welcome the occasional modest challenge, so I dove into a stack of Seuss books and got to work.
A few months into the project, (after I’d turned in about half of the book’s 80 or so illos) the publisher sent promo materials for the book out to retailers. Apparently, some wicked, Grinch-like person felt compelled to pass these materials along to attorneys who work for the Ted Geisel estate, at which point this flock of legal carrion birds descended on my publisher much as the Onceler clan does on a newly-discovered forest of virgin Truffula trees.
Okay, enough of the Seuss metaphors. Suffice to say that my publisher was hit with a Cease & Desist letter, and the project was killed, in spite of our well-established First Amendment right to commit parody.
Sometimes it’s actually a relief when jobs get killed, but more often it comes as a bit of a heartbreak, (at least in my experience), and this episode definitely falls into the second category. In spite of the generous kill fee I was paid, I was disappointed that these drawings would never be seen. Now that some time has passed, I’ve picked twelve of my favorites, which I’ll post in two batches. I hope you like them!
Ouch... that is a bitter pill to swallow. Don't you love it when someone asks you to dance on the eggshells of intellectual property? I have to design mascot costumes for a lot of different customers, and I can't tell you how many of them bring us some Disney property or other existing character from a cereal box and want us to basically make a knock off of it. The sad thing is, doing an original interpretation is not only more satisfying creatively, but it goes quicker and doesn't leave the artist feeling like a sleazy lounge singer in a cover band.
ReplyDeleteIronically, I found these Dr Seuss-style illos went a lot faster than my regular stuff. My own style is a lot more tight-ass than Seuss's.
ReplyDeleteSpeaking as a person, I'm sorry you wasted your time but I'm also glad to hear your project got killed. I love the work of Dr. Seuss and I think it would be polluted by having something this close to his style used for the kind of book that was at the heart of this project. It would be like seeing someone make underpants out of a flag. Even if the book were meant to serve a useful purpose, it would bother me too much.
ReplyDeletePollution? Underpants flags?? Ted Geisel has been dead for over two decades now. Is a Dr Seuss parody book really a bigger cultural toxic spill than watching Hollywood turn one after another of the classic Seuss books into shit?
DeleteReally? I'd have though such a parody to be incredibly true to the source material, given Dr. Seuss' penchant for thinly veiled political commentary in his books. Maybe he'd even have appreciated this use!
DeleteHomage like this is one of the nicest respects someone can pay an artist. That one random internet crank's sense of nostalgia is threatened by it shouldn't weigh on you.
DeleteAnonymous #23 is right!
DeleteApparently you haven't seen "The Lorax" yet. There's no way this small, smart parody could possibly do as much damage as Hollywood has already done. Poor Dr. Seuss should be rolling in his grave.
DeleteSpeaking as a person -- as opposed to?... It is exceedingly distasteful to say Danny 'wasted [his] time'. Gross. Gross. Gross. What makes a project worthwhile? He broke out of his comfort zone and tried something new - presumably learning in the process. That hardly seems like a waste of time.
DeleteSpeaking as a robot, bleep bloop whiiiir click.
ReplyDeleteThis is a work of satire which has wider leeway than a typical work. If you were doing another children's book, in the style of Dr. Suess, and people might get confused, the heirs have full legal rights to block the book. As a work of satire, it's perfect. The upbeat tone and colorful drawings of the Suessian world compared to the downbeat of the text makes perfect sense.
ReplyDeleteAnd, I bet your book was a lot closer to the heart of what Suess was after rather than the overly loud obnoxious works that the heirs are milking. Look up the Suess Book "You're Only Old Once", and you can see the wicked humor Dr. Suess could possess.
Your work is a work of satire, and satire has wide license when it comes to copyright. The upbeat and colorful world of Dr. Suess is a perfect vehicle for satire. You have every right to publish your work. No one would mistake your work for a Dr. Suess' children's book.
ReplyDeleteBesides, your style and content is probably a lot more Dr. Suess' style than the crap that the heirs are milking. There's nothing Suessian in The Cat in the Hat or the Grinch. And, the Lorax is even worse. Besides, the old man hard a great sense of humor. You should see his book "Your Only Old Once".
Speaking as a person who wears underpants made out of a flag (for health reasons), I find that the previous comment both bothers me. Having my wearing of flag underwear (for health reasons) compared to a parody of beloved and iconic children's literature is polluting, even if it serves a useful purpose, such as simile. I am drafting a cease-and-desist letter at this very moment which I hope will kill these comments.
ReplyDelete"Ted Geisel has been dead for over two decades now."
ReplyDeleteThat's your justification? Gee, I'll rip off his style and use it for "satire," but it's okay because he's dead. I think I'll also publish my Vonnegut parody, Dog's Cradle, because, you know, he's dead, too, and if he were alive, he would probably enjoy my witty take on his classic.
Bad idea is bad.
I agree, Anonymous. Your "Dog's Cradle' is a bad one.
DeleteFair use includes transformative works. I think Danny's position is that his work was transformative. I'm sorry to see the project was killed.
DeleteI agree wholeheartedly with Anonymous #11!
DeleteDanny, why do you feel safe to release these drawings, if you accepted a kill fee? Did the estate pay the fee to you or to unnamed publisher?
ReplyDeleteThe Seuss estate paid me a multi-million dollar kill fee to keep these flagpole underpants drawings in a pollution-proof lock box, but I'm dynamiting the lock box because that's how I roll.
Deletelooks like copying to me .. sorry ...
ReplyDeletequid pro quo
ReplyDeleteI wasn't trying to be serious, whereas you evidently are. Poor, poor you.
If you run a kickstarter for this book, I will gladly back it.
ReplyDeleteAwesome idea, Anonymous #23! I'll call the book "Watch Me Self-Destruct in a Shitstorm of Litigation."
DeleteDidn't Lenny Bruce already do that?
DeleteDidn't Lenny Bruce already do that?
DeleteBest. DS. tribute. EVER!
DeleteThere's no question the good Dr. would've been highly flattered. Partly because you so totally nailed his visuals, and partly because the book's topic is an important and relevant one that, if we're ever to get things going again, should be acknowledged and faced ASAP - not suppressed.
In case it's of interest, the legal precedent that enabled Dr. Seuss Enterprises to threaten a suit against your publisher was set by Dr. Seuss Enterprises vs. Penguin Books in 1996, a case that stopped publication of The Cat NOT in the Hat: A Parody by Dr. Juice. The gist of the ruling is that because the new work appropriated Seuss's style to comment on the O.J. Simpson case but did not actually parody Dr. Seuss, it was therefore not subject to protection under laws that govern parody. So, Dr. Seuss Enterprises here is relying on a legal precedent that it set sixteen years ago. Here's a link to the ruling: http://caselaw.findlaw.com/us-9th-circuit/1384979.html
ReplyDeleteI'm not defending this ruling, mind you. Indeed, I think your book could make a much stronger case as parodying Seuss's original than The Cat NOT in the Hat. Your work targets a specific Seuss book: Oh, the Places You'll Go! Despite its title, the earlier work did not focus on a specific Seuss work (its focus was the Simpson case). So, although I do think your publisher had a defensible case, my guess is that it realized the expense of pursuing its case and decided it was cheaper to pay you a kill fee than take Dr. Seuss Enterprises to court.
It's quite possible that I'm not telling you anything new here -- if this is all familiar to you, then please forgive the repetition! Thanks.
Someone on Google+ pointed me to an article about the Seuss v. Penguin case a few weeks back, but your link has the actual opinion from the judge, which I'll read later tonight, (thanks, Philip!).
DeleteI think you should be pissed at the publisher for wasting your time.
ReplyDeleteEither they didn't think this through in the first place or they suddenly got cold feet, but the risks haven't substantively changed now that Suess Enterprises are aware of the project.
Did they suddenly discover that there is an onerous tort system in this country?
Definitely an expensive mistake for the publisher. How foolish of them to think that the First Amendment guaranteed their right to publish parodic material.
DeleteAs one who has always copied (or been inspired by) other great comic artists, I think your work here is truly great. I love it. I wonder if you could be accused of copying R Crumb if you drew like him? (Crumb probably wouldn't care).
ReplyDeleteI guess the safest thing to do nowadays is Manga. You couldn't be accused of copying anybody. Manga all looks the same - stylized and soulless. That was NOT a suggestion!
Good work!
As one who has always copied (or been inspired by) other great comic artists, I think your work here is truly great. I love it. I wonder if you could be accused of copying R Crumb if you drew like him? (Crumb probably wouldn't care).
ReplyDeleteI guess the safest thing to do nowadays is Manga. You couldn't be accused of copying anybody. Manga all looks the same - stylized and soulless. That was NOT a suggestion!
Good work!
Danny,
ReplyDeleteLove the art! It's really good stuff and it should really have been published. Are the originals for sale? You could always take them and do something cool with them on your own if you own the rights to them.
Also, I'm not a lawyer, but it sounds like you could've won that case. I hate to hear about people getting bullied by lawyers when they are actually in the right and controversy is VERY good for sales.
It wasn't my case to win. The publisher might well have won in court, but only after spending countless thousands of dollars on litigation.
DeleteNope, sorry, you're not going to convince me on this one. They had every right to shut you down. You're relying too heavily on the art style to claim original/innovative/technically skilled artistry, and also too heavily on the original Dr. Seuss book to make your joke. (Would this book be such a funny idea if it were characters no one recognized, in outer space, speaking normally but with a german accent? Probably not, or at least it would be received totally differently...though it does sound like an excellent idea for an indie movie. Go get that produced! You are welcome.)
ReplyDeleteBut in all honesty, you're just not going to be able to convince me the Geisel clan is anything but awesome. From him drawing political cartoons in the 1950's advocating racial integration and other awesome causes; and his widow; who responded to the misappropriation of parts of "Horton Hears a Who" by the pro-life movement in the most badass way possible; by donating a sizable sum to Planned Parenthood. I mean, how could you not want these people as your grandparents. Seriously.
Who's trying to convince you that Geisel and his widow are "anything but awesome?"
DeleteGahhhh. Sorry if that comment posted a bunch, bad internet connection.
ReplyDeleteBut Dr. Seuss started as a political cartoonist so I do think these illustrations are too close to what he already did.
ReplyDeleteDanny, truth, you don't have the creativeness to develop original illustrations that will sell themselves. The competition is more talented and you've made the decision to try and sneak in the business by riding the back of a great illustrator and storyteller. But you've justified it to yourself, right?
ReplyDeleteYou see into the very depths of my wretched soul, Vince.
DeleteIt makes me sad I will never read this book. I could do with some cheering up, in my jobless graduate bubble.
ReplyDeleteDanny, I love the concept of a satire of "Oh the Places You'll Go!", but, if you handed these to me and asked me what I thought, I would immediately assume they were drawn by Ted Geisel. It is a pity that the publisher pushed you to so closely copy the Dr. Seuss style. A more stark and edgy variation of the Dr. Seuss style would have preserved the satire while making it clear that no one will mistake it for an original. But, hey, I am no IP lawyer, so take what I say with a grain of salt.
ReplyDeleteI'm surprised the possibility of receiving a C&D didn't enter into the publishers' minds prior to contracting you - if that's all it took to stop them. Anyway nice work!
ReplyDeleteLegally speaking, this is not a parody. A parody of Dr Seuss would be
ReplyDeletea work that aims to make fun of his work. If this were a parody by
that standard, the work would be permitted (though this doesn't mean
the publisher would have the guts to publish it).
However, the legal question is, as usual, a secondary question. The
principal question is generally the one about right and wrong. What
we see here is that copyright power has been stretched to monopolize a
style. This bad policy serves the holders of copyrights on very
popular works, and discourages new works. It hampers art rather than
promoting it. It is bad.
This case also demonstrates that copyright last too long.
PS. The term "intellectual property" is a catch-all that lumps
together a dozen or so laws that in practice have nothing in common.
It provides a false sense of understanding while distracting attention
from every important issue (since each of those is about one law).
For the sake of clear thinking, please shun it. See
http://www.gnu.org/philosophy/not-ipr.html.
You wouldn't know it by looking at this handful of illustrations, but the book would indeed have made fun of Dr Seuss' work, specifically his book "Oh, The Places You'll Go," with its optimistic take on young people making their way in the world.
Delete