kaigou: pino does not approve of where the script is going. (2 pino does not approve)
[personal profile] kaigou
First, if you've not already heard, go see the lovely (yes, that's major sarcasm) news that [personal profile] bossymarmalade posted on the upcoming Avatar comic. Go ahead and see; I'll wait here. Feel free to take a few minutes (or more) to get your blood pressure back down to a reasonable level. Deep breaths. I'll wait.

Did you get a good look at the cover? Notice anything unusual about it? Well, other than the extreme case of whitewashing so phenomenally and bluntly in-your-face that it's almost breathtaking in its absolute chutzpah, that is. Like, say, the names.

See "Michael Dante DiMartino" or "Bryan Konietzko" anywhere on that cover?

Nope?

Me neither.

Just to be certain, let's double-check what few books Amazon will let you "look inside" on. We've got a wide choice, including a variety of novelizations, some prequels, and what looks like several retelling comic books, along with the ubiquitous ready-to-read versions. Names on the various covers include: Patrick Spaziante, Michael Teitelbaum, Tom Mason, Dan Danko, Shane L. Johnson, Sherry Gerstein, David Bergantino, Molly Reisner... and then there's the Golden Books series, which doesn't even list an author at all.

But lo, there is something with the names DiMartino and Konietzko. The series-to-comic chapters, printed in book form, and oddly, the only ones of all of them not printed by Simon/Nickelodeon, but by Tokyopop. Except the inside cover says the same thing as all the books and comics done with someone else's name on them:
© 2008 Viacom International Inc. All rights reserved. NICKELODEON, Nickelodeon Avatar: the Last Airbender, and all related titles, logos, and characters are trademarks of Viacom International Inc. All rights reserved, including the right of reproduction in whole or in part in any form.

Basically, DiMartino and Konietzko don't own the series. They don't own the characters, they don't own the storyline, they don't own the character designs, they don't own jack. It was work for hire, and the proof is in the fact that Nickelodeon has the copyright (and the trademark) all over the place.

Furthermore, on the Tokyopop version, it at least lists DiMartino and Konietzko as creators. None of the rest even mention them at all -- and now we're onto the comicified version of the movie, which has whots-his-face's name plastered there at the top... and again, no mention of DiMartino and Konietzko.

Of course, by this point, it's possible that this is fine by them, because it no longer looks anything like the Avatar they spent six years creating.

Thing is, I betcha pizza money there's not a damn thing they can do about it, anyway. Even if they wanted to -- and given the reports I've been reading from fans of Q&A sessions at some of the big cons, it seems fairly safe to say that where the story is going is not where DiMartino and Konietzko would've taken it, or would've wanted to see it taken. They've implied executive meddling with the Ursa storyline (nixing its resolution, whatever that might've been), displeasure from "some people" about the number of strong female characters, and some kind of intrusion into Toph's storyline. And the timing of some of their comments is rather pointed, with distinctly emphasized Asian features for Aang on artwork released right around the time the movie version announced its casting of some white kid in the lead role.

And now, sure looks to me (and more than a few others, given the comments on the post linked, above) that Nickelodeon is doing its utmost to erase the original series entirely, and replace it with an updated whitewashed version.

And I'd be willing to bet, as well, that the terms of the work-for-hire in creating the series also limit just how much DiMartino and Konietzko can criticize, publicly. I'd certainly be willing to bet several pizzas that they're required to promote to some degree, and that usually means not actually de-moting it. Even if this means watching their baby devolve into a complete parody of its original self, right down to getting all the respectfully accurate details in Katara absolutely wrong -- her hairstyle, the fold and overlap of her gown, the position of her hands. Because now the series is in the hands of a corporate giant who could really care less.

In other words, the status quo is striking back.

I don't see a damn thing to be done about it, either. Not in this case, at least, because Nickelodeon does own the copyright, and that's just the terms of service if DiMartino and Konietzko wanted that so-important financial backing to be able to make the series in the first place.

But it also seems to me to be a really precarious situation: if the remakes (movie, re-done comics) fail, then I'd be unsurprised if the blame is somehow shifted onto the non-American basis for the stories: that kids wouldn't really want to watch, or support long-term, a series about kids from somewhere else. And if the movie and its spin-offs succeed to any degree, then this'll become the basis for reinforcing the whitewashing, on the grounds that either "it doesn't matter" what color the characters are, or it'll be (at least implied) that see, here's proof that kids "like it better" when the characters are white, that no one would financially support a non-white cast.

In other words, either way, the status quo is going to find a way to shift blame elsewhere, take the credit for itself, and keep on keeping on.

Maybe, for those who loved Avatar (or at least admired it for striking out and being different in so many good ways), the best -- and maybe only -- thing to do is to find out what DiMartino and Konietzko have in store for their next project. Then bring all that fandom support that went ballistic over the movie casting, and throw it into convincing some other studio to back them for their next series, a studio that won't trample on their product and -- if we could be so lucky -- will split the copyright with them. Though that part, given the state of US copyright and trademark habits when it comes to animation and television (much like music), that part... I'm not holding my breath. But I can hope, all the same.

Incidentally, the biggest name in American animation is probably Matt Groening, right? Here's the copyright on his spin-off books. All are written by him, notably, and not someone else, but still:
The Simpsons(TM), created by Matt Groening, are the copyrighted and trademarked property of Twentieth Century Fox Film Corporation. Used with permission. All rights reserved.

That's got to suck. Your own creation, and you have to ask permission to use it.

[ETA: the title of this post is actually a riff on an older post.]

Date: 31 Mar 2010 07:50 am (UTC)
defenestrator: (Luke: Smile -- you're on candid camera)
From: [personal profile] defenestrator
This whole fiasco depresses and enrages me and what you highlighted here, even more so. :\ I'm still only halfway through Season 1 and I already love this damn series to bits, and seeing this happen to it... haha. I'm not sure whether to laugh or cry. Or to laugh so I don't cry.

why do I not have my angry icon on this account

Date: 31 Mar 2010 08:21 am (UTC)
reileen: (Default)
From: [personal profile] reileen
I just can't fathom how the bigwigs who picked the series up to be a movie could have overlooked that part of the series's appeal was because it was non-European-inspired fantasy. I just - WHY MESS WITH A GOOD THING?! *sob*

Also, it just occurred to me that they even bleached out Aang's original bright orange outfit and made it this gruel-type gray. RAWR.

Date: 1 Apr 2010 04:14 am (UTC)
From: [identity profile] dkwrkm.livejournal.com
During some fan Q&A about the movie, Mr. Internalized Racism, err, I mean, M Night Whatever explained that just like LotR is like medieval europe but not actually set in medieval europe, Avatar is like our world but not, y'know, set in it. This was his justification for why there'll be no chinese script of any kind in the movie.

Not to mention that it completely ignores the part where Avatar the cartoon series is already set in a world that isn't ours but still has the authentic Chinese calligraphy in it.

Date: 1 Apr 2010 03:53 pm (UTC)
From: [identity profile] dkwrkm.livejournal.com
Agreed! I think it's even valuable from a business stand point to have used the authentic Chinese: It keeps people coming back to check out the Easter eggs (I know I took up Mandarin mid-way through the series, and I did go back to see how many characters I recognized!), and adds a new dimension to one's viewing. :)

Nickelodeon just keeps shooting themselves in the foot with this.

Date: 2 Apr 2010 05:05 am (UTC)
From: [identity profile] dkwrkm.livejournal.com
See the article Mikke linked to, in her reply... uhm, either above or below.

Yep, seen that article before. T_T Which is why being vocal with racebending.com is so important to me. WE ARE TELLING PARAMOUNT RIGHT OUT THAT THEY'RE WRONG AND THAT THEY'RE LOSING OUR MONEY FOR THAT REASON.

They're not listening/going to listen though. T_T

until I came across commentary from one of the big media outlets (I want to say Rolling Stone, but that's not right, but that level... maybe Greenwich Times? ugh, whatever) -- that Nickelodeon was "completely taken aback" and caught totally off-guard by what seemed to Nickelodeon to be an absolutely unprecedented amount of fan rage over the casting calls and decisions for the movie. They genuinely weren't expecting it, because it never occurred to them that what they were doing was wrong -- and it's that kind of fundamental privilege that makes it okay to remove the Chinese characters.

Paramount itself told racebending.com's partners that they had never seen a larger controversy than the one swirling around Aang.
From: [identity profile] mikkeneko.livejournal.com
part of the series's appeal was because it was non-European-inspired fantasy. WHY MESS WITH A GOOD THING?!

Read this: http://thehathorlegacy.com/nobody-knows-anything-but-dont-tell-the-financiers/
Or if that's tl;dr for you -- why? Because preserving the status quo of what they believe they know audiences want is more important to them than making money, and far, far more important to them than making a good product.

Date: 31 Mar 2010 01:34 pm (UTC)
tesserae: white poppies in the sun (Default)
From: [personal profile] tesserae
My understanding of this is not comprehensive, but if it's a work-for-hire situation no, they don't own the copyright, the studio does. Matt Groening did The Simpsons as a cartoon before Fox picked it up; a smart entertainment attorney would have insisted on that credit & some level of control over content/spinoffs, but it's not surprising that Fox retained copyight on show-related products. A friend of mine, while employed by Saban, wrote the theme music for Power Rangers; as an at-the-time employee, he doesn't even get royalties/residuals (although he later sued for some part of that money).

Date: 31 Mar 2010 03:41 pm (UTC)
dogemperor: Fou-lu from Breath of Fire IV...looking VERY pleased with himself (Default)
From: [personal profile] dogemperor
This, in a word, is why work-for-hire is evil.

This is ALSO typically how musicians get sweet fuck all and often end up OWING labels if they have the misfortune of getting on a RIAA-owned label--in many cases, the artists are forced to sign contracts that essentially remove the rights to their own songs or even stage names. It's not just new bands that suffer this--John Fogerty, of all folks, not only suffered this with Creedence Clearwater Revival, but ended up being sued by his own former record label because they thought his solo stuff was "too similar" to CCR. :P

Date: 31 Mar 2010 04:33 pm (UTC)
branchandroot: oak against sky (Default)
From: [personal profile] branchandroot
That's how a whole damn lot of creative work goes, yeah. Novelists are actually kind of unusual in the number of rights they can retain if they just know enough to demand them.

One can only hope that, having made a mark, they can hold out for better terms on the next thing.

Date: 1 Apr 2010 04:32 pm (UTC)
dejla: (Default)
From: [personal profile] dejla
And if they demand them, they're not necessarily going to get them. Not every novelist is JK Rowling.

Date: 7 Apr 2010 05:09 pm (UTC)
dejla: (Default)
From: [personal profile] dejla
That would be the point, true -- a ready-made fanbase, like Firefly, and a small set of investors who are willing to take the risk, would probably give us a wider variety of movies.

And possibly better-casted, although I know part of the problem with casting is money.

Date: 31 Mar 2010 05:12 pm (UTC)
dejla: (Default)
From: [personal profile] dejla
Oh, that just... I don't even have the words for it.

Date: 1 Apr 2010 04:31 pm (UTC)
dejla: (Default)
From: [personal profile] dejla
Yeah, that's about it. I wouldn't say what I'm thinking anyway but in a sound-proofed room alone.

Date: 31 Mar 2010 06:58 pm (UTC)
dragonhand: (dark forest)
From: [personal profile] dragonhand
After what they did to LeGuin's EarthSea trilogy made for TV, I'm not surprised. Saddened and depressed, but not surprised. It's just so stupid. It's like they're living in the fifties, trying to homogenize everything. I don't understand - not that I want to get where they're coming from or why they're hiring marketing/producing idiots - just... *headdesk. hard*

Date: 31 Mar 2010 10:42 pm (UTC)
ivoryandhorn: A black and white photo of a woman against a black background, wearing a black feathery cape. Her pale face and hands stand out starkly against the black. (Default)
From: [personal profile] ivoryandhorn
Those poor guys -- I can't imagine what it'd be like to work on something for six years only to watch the Powers That Be warp it into something else. :/



(P.S. Would you mind if I posted a link to this post in [livejournal.com profile] racebending? It's not precisely related to the movie itself, but I think it's still relevant to the comm's interest.)

Date: 1 Apr 2010 05:20 am (UTC)
ivoryandhorn: A black and white photo of a woman against a black background, wearing a black feathery cape. Her pale face and hands stand out starkly against the black. (Default)
From: [personal profile] ivoryandhorn
Done, in case you want to check it out.

Date: 1 Apr 2010 04:27 am (UTC)
From: [identity profile] dkwrkm.livejournal.com
Here via
[Error: Irreparable invalid markup ('<lj-user="racebending">') in entry. Owner must fix manually. Raw contents below.]

Here via <lj-user="racebending">: Thanks for writing this. I didn't clue into the fact that Mike and Bryan didn't have their names on the cover.

That's good extra evidence for the fact that Mike and Bryan really don't own ATLA, meaning that they don't have anything to do with the movie. (Which we can't get through a lot of people's heads because they're convinced Mike and Bryan would never have let this happen if they didn't agree with it. WRONG.) It was their first major project, they were young, etc. etc.

Date: 1 Apr 2010 04:45 am (UTC)
yeloson: (Default)
From: [personal profile] yeloson
Here by way of racebending comm...

They've implied executive meddling with the Ursa storyline (nixing its resolution, whatever that might've been), displeasure from "some people" about the number of strong female characters, and some kind of intrusion into Toph's storyline.

Can you give me some links or paraphrase? Because I felt the 3rd season felt so off kilter in a lot of ways that it felt like there was meddling going on and I'd like to know more.

Date: 1 Apr 2010 05:06 am (UTC)
yeloson: (Default)
From: [personal profile] yeloson
Yeah, I already figured they're under contract to not say anything, and anything that might have been said would be very... minimal in comment. Still, I was just hoping to hear more since season 3 was so uncharacteristic compared to the rest of the series.

Date: 1 Apr 2010 05:02 am (UTC)
wildgoosery: (Default)
From: [personal profile] wildgoosery
I won't argue with any of what you've said here regarding the legal ownership of ATLA and the creators' official control (or lack thereof) over what's done with the IP, because AFAIK you're absolutely correct on every count.

However, I would mention that although the corporate machine may not care about ATLA and what it stands for, many of the people who are working within some aspect of that machine do.

Dave Roman, who co-wrote both of the Del Rey graphic novels, was a comics editor at Nickelodeon Magazine for a decade before it was shut down last year. He's been championing ATLA from the inside from the beginning, and was responsible both for the mere existence of the two all-ATLA issues of the magazine and the high quality of the comics content within them. He worked directly with artists and writers from the show's staff to make sure that the NickMag comics stayed within the show's continuity, and has been pushing for an anthology of show-inspired comics for ages, even after Nick Magazine closed its doors. It's hard to argue that he isn't invested.

In an ideal world, all of these companies would be interested in publishing books and graphic novels and such that continue to celebrate the original show, in addition to their efforts to promote the film adaptation. But given that that isn't how things have worked out....the people who care have to work within the system as it exists.

Date: 1 Apr 2010 05:13 pm (UTC)
wildgoosery: (Default)
From: [personal profile] wildgoosery
As someone who's done a lot of work-for-hire and worked in animation, I've had to make those same explanations myself, and I appreciate your doing so in such an articulate manner.

Date: 2 Apr 2010 08:19 pm (UTC)
reileen: (Default)
From: [personal profile] reileen
I always found it rather baffling, and frustrating, that RISD was so phenomenal in so many ways when it came to the artistic side, but didn't offer a single class (that I could see) that instructed students on legal rights per art, promoting their work, or the real-world issues of work-for-hire and consumer demands.

I wish, so hard, that I got to have classes like that in my design program. Admittedly, I'm at a large private university and not an art school specifically, and most people don't even know our department exists, but still. Yes. Art majors especially need classes on the practical things relating to their work.

Date: 1 Apr 2010 05:50 am (UTC)
From: [identity profile] angelislington.livejournal.com
*applauds and cheers this post* :D

Date: 3 Apr 2010 01:50 am (UTC)
esmenet: Little!Anthy with swords (Default)
From: [personal profile] esmenet
This is, basically, why I have kind of sworn I'll never do work-for-hire. (Not that I anticipate working in a medium where I have to worry about that, but still.) This kind of thing scares the hell out of me.

whois

kaigou: this is what I do, darling (Default)
锴 angry fishtrap 狗

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