Kryptonot
Something stupid prevented the NBA and DC comics from working together to put out what might have been a popular tee with Knicks fans and Superman enthusiasts.
This is a shirt made by the NBA and their apparel partner, Adidas. It’s cool, but bores me. I say cool as in not outright wack.
This is the shirt Nate Robinson wore to the 2009 Slam Dunk Contest. It’s clever. It has a sinister “K” emblem that’s different than the “S” used by Superman. I’m pretty sure Nike made this shirt, or the logo originated with Nike because of the following sneakers:
These sneakers have the same logo as Nate’s tee, and perhaps a deal would have worked out had Nike been the NBA’s apparel partner. Nike deals with everybody. If NewEra can get a DC Comics deal why can’t the NBA?
There’s a right way to do everything.
Countless times Ilya and I have discussed T-shirt ideas, and he’s always had to be the one saying “Nope. Not doing it. Lawsuit.” And I’d respond with “Hater,” but I know he’s right. We don’t have the kind of power to contend with big-time established companies, and their legal counsel, but if we did, it would be a different story.
Copyright issues can be worked out especially if there’s a joint venture that potentially improves both sides’ situations as a result of the collaboration.
Copyright issues cannot be worked out when you just jacked some shit (as in completely didn’t ask,) and are already selling the finished product. Cause in that situation, if you were a big fish, (or if you were a by-the-book-type) you would’ve already approached the people you bit off of (before biting off them). But if you feel like they’re just going to say no when you propose using their material without paying, you’re right. Would you be cool with someone making money off your work, without you getting paid? Didn’t think so. So when you just go ahead and use their product knowing you didn’t reserve the right to you ought to expect to hear from their lawyers once your project takes off, because they want their money, or they want you to stop immediately. Sometimes both.
That being said, there is no reason the NBA and DC Comics can’t work out a deal so that they can produce Krypto-Nate T-shirts. It’s a great product. It’s NBA History. And both sides have plenty to gain.
I’m going to assume the role of the DC Comics representative. Let’s examine reasons why this production wouldn’t work relative to this Krypto-Nate situation:
1. I personally think it’s wack–to be associated with and in general.
Lesson learned: If what you’re bringing to the table won’t even peak the interest of those you’re presenting it to, don’t even leave the house.
Hypothetical: DC wouldn’t take on a representation that isn’t a positive one overall. Let’s say Nate Robinson stepped to them with a shirt depicting Christopher Reeves’ horseback-riding injury as a way of correlating his Krypto-Nate character. Nobody’s that stupid. But an opinion could send things going in either direction.
2. You’ve built up considerable hype about a product that doesn’t technically exist until we sign off on it. Now that the demand is there you want to talk? Negro please.
Here’s an example. McDonald’s is airing commercials advertising their new burger, made with a specific cheese unique to Kraft only. They’re creating a frenzy. Only, Kraft first heard of this through the media. Nobody from McDonald’s contacted them. It’s like, “I know you’re McDonald’s but who the hell do you think you are? You can’t use our name like that without our permission.” Game over. No more new collabo-burger.
3. You’ve built up considerable hype about a product that doesn’t technically exist until we sign off on it. You’re not even offering us “I’m sorry money” as well as a nice piece of the revenue pie?
Lesson learned: Companies have feelings. Intellectual property is a sensitive subject. So when feelings get hurt in this sense, you need apologetic money. I’m sure the NBA felt grandeur than DC and shot an idea by them that didn’t get revere and respect across (or even basic brand recognition). What they should have done is stated that they “love love love DC Comics” and had a financial figure they were willing to discuss to cover initial copyright violations, and then a proposal for future earnings based off this collaboration.
4. In these economic times, we just don’t see it making any money.
It could be forecast that while NBA sales are down, this kind of idea is gimmicky and cute at best, and not much else. So investing in it wouldn’t be worth it.
All that is kind of true, but in this case it’s not enough to not make the tees. Yes we’re in a recession. However, this idea is a cash cow. Nate Robinson is a fan favorite amongst Knicks nation. This nation is global. Superman is a global icon. You mean to tell me that out of both Superman fans and Knicks fans, this shirt was not worth printing? Especially for a Dunk Contest that will forever be discussed? David vs Goliath story line? These guys are entertainers and that’s what is needed in a recession; Entertainment. I guess it would make sense not to jump-start the craze created by these two easily marketable individuals–if you were a player-hater.
Dwight Howard Superman t-shirts cover the seats in Amway Arena two days before the Orlando Magic play the New Orleans Hornets. Every fan in attendance will receive the shirt, which has the Superman logo on the front and Howard’s name and uniform number on the back.
Photo by Roberto Gonzalez, the Orlando Sentinel
Conversely, The Orlando Magic haven’t had to deal with any Superman licensing issues with DC comics. Fans receive Superman tees at Magic games.
This is what probably happened.
Someone from the Orlando Magic called DC comics and told them they wanted to print tees with the Superman logo for the fans. The Magic didn’t have any self-promotional content because it was understood who was being “referred” to as Superman. Dwight Howard wasn’t going to out right call himself Superman on the tees, even though they had his last name and number on the back. DC doesn’t care about that so much, moreso that the proper fees and copyrights get handled. Once that’s taken care of everything is set to go.
I’m sure that same Magic representative who called DC called the NBA and said “We’re printing these Superman Dwight Howard tees and DC is absolutely cool with it.” And that was it.
No feelings were hurt because the right steps were taken, and a relationship was established because it. I’m sure from here on out if the Orlando Magic want to do something with DC comics, and they follow the right protocol again, it will be a seamless success.
And that’s how you get deals done.