From The Comics Journal 129, May 1989

Keane Wins Ownership to Family Circus

Almost three decades after launching The Family Circus, creator Bil Keane signed a syndication contract with King Features Syndicate December 19 granting him ownership of the strip.

The new contract went into effect Jan. 1, 1989, at which time Keane joined the ranks of the very few syndicated cartoonists who own their own strips.

KFS spokesman Ted Hannah said the syndicate had no comment on the new contract, claiming, "Mr. Keane is our spokesman. Whatever Mr. Keane says, we're happy with."

50-50. Keane started The Family Circus with the old Register and Tribune Syndicate in 1960, renewing his contract every five years. Keane said his after-expenses percentage with the syndicate was originally 50-50, but had gradually grown to what he called a "favorable" percentage over the years. But in 1978, RTS presented Keane with a contract renewal that reduced his share of revenue from the strip to 50 percent -- "back at square one," Keane called it.

Another provision of the 1978 renewal Keane disliked was its extension of 10, rather than his traditional five. years. When Keane grumbled, RTS threatened to assign the strip to another artist, and Keane grudgingly signed.

"This is a shattering thing for a creator," Keane said. "He's being told that they're taking away his baby. He's left out in the cold. They put a gun to my head and made me sign the contract on their terms."

But Keane had the last laugh. After RTS restructured as the Cowles Syndicate, the entire outfit was absorbed in 1986 by KFS. From there, Keane needed only bide his time.

Adamant. Negotiations with KFS began two years ago. Keane said his wife. Thelma, handled most of the negotiations with assistance from Ohio-based syndication lawyer Arnold Schwartzman.

Keane said the negotiations lasted two years for one simple reason: KFS "didn't want to give up ownership."

But, Keane said, he and his wife remained "adamant."

"We sat on the point I would never sign a contract giving up ownership rights," he said.

The 66-year-old cartoonist said KFS could have resorted to the old syndicate standby -- threatening to fire him from the strip he created -- but media attention on the Family Circus negotiations, linked with increasingly public discussion of creators' rights, established an atmosphere in which the syndicate may have "seemed so hard-hearted" if it had given the strip to someone else.

"Readers and newspaper editors know the strip is autobiographical, that it's about my family," Keane said, claiming his battle became a "spotlight case" closely followed by other cartoonists.

"The Family Circus is unique. I'm drawing my own family," Keane said. "It would be unjustified, almost immoral, to have someone else do it. It probably would have put [KFS] in a bad light. They were being very gracious in giving ownership, but I also think they were protecting their own interests."

Out of the Closet. Keane credited the Creators Syndicate, formed by Rick Newcombe two years ago (just about the same time Keane began ownership negotiations with KFS), with bringing creators' rights issues "out of the closet" and into public debate.

Creators Syndicate offers its members -- who include Ann Landers, Johnny Hart (B.C.), Mell Lazarus (Momma, Miss Peach), and Herbert Block (Herblock) -- ownership and shorter-term contracts.

Keane said CS' policy of creator ownership inspired forums like the Newspaper Council to discuss contract issues "that had previously been relegated to the back rooms."

Until that time, Keane said, "most editors and newspaper people didn't know" that most comic strip writers and cartoonists don't own their strips or characters.

Keane disagreed with a February 4 Editor & Publisher article that reported that "a number of major syndicates now offer all their comic creators ownership, but a few still don't."

Said Keane, "Most syndicates claim that they offer ownership. However. there are varying degrees of ownership. Sometimes a syndicate will say, 'you own the feature, and you own the copyright, but you will turn over all rights to us for the duration of the contract.' That isn't what I consider ownership."

Trend-setting? Keane said he isn't sure how trend-setting his successful deal will be.

"I know most cartoonists felt that it would have an impact on most negotiations." Keane said, "but it's an individual thing, according to how much clout your strip has, how many papers it's in, the age of the strip, and the content."

Keane told Editor & Publisher he might not have won ownership without the clout of his strip's great popularity, but said his success showed that ownership can be obtained.

Keane added that ownership of The Family Circus affords him, and his family, the right to decide the strip's fate when he retires or dies. Keane said he could end the strip, but believes he'll probably cede to his son Jeff, 30. who assists on the strip and supervises The Family Circus books and calendars.

Keane said cartoonist without ownership of his strip could conceivably suffer repeated automatic renewals of his strip, while a cartoonist with ownership can sign with the syndicate of his choice the close of each syndication contract.

"With my old contract, I had to renew it," he said, emphasizing that when his current contract expires, all rights revert to him. Keane admitted to at least one compromise, though: allowing KFS the option of automatic renewal if the strip meets certain performance criteria during the current five-year contract.

But, he said, "I'd be a fool not to renew with them. I feel much better off with KFS. They're a real powerhouse in the syndication business."