Penny Arcade – Butts In the Seats

Info You Can Use: Let’s Play Find The Exploitative Clause

June 3, 2013 by Joe Patti

About a month ago, I wrote about webcomic Penny Arcade’s online reality competition Strip Search which is aimed at finding the next great webcomic artist. (By the way, both the comic and the show are often NSFW)

I had mentioned that it seemed like the aim of the show was to use the Penny Arcade fame to help advance the careers of these artists.

I think their most recent episode of Strip Search provides a model for teaching arts students of all stripes about contracts.

Penny Arcade has famously signed away the rights to their intellectual property at least twice and only regained it by dumb luck. This is a topic near and dear to their hearts. I have seen the creators, Mike Krahulik and Jerry Holkins, and their business manager, Robert Khoo, talk about it in interviews and convention panels a number of times.

Khoo is probably the only business manager in the gaming world to achieve hero status for saving Krahulik and Holkins from themselves and helping to grow their company.

In this episode they have the contestants read through an exploitative contract and then go in and talk to Khoo about what they want struck or changed. Khoo basically plays a bumbling idiot in the negotiations because the whole point was to get the artists to evaluate the contract rather than necessarily deal with a combative negotiation environment.

Also, because it was a contest they only had a set amount of time to evaluate the contract and conduct negotiations. In real life situations everybody acknowledges the importance of investing all due care reading contracts and consulting with an attorney.

After the contestants spoke with him, Khoo mentioned that there were two basic approaches to the contract they could have taken. Either decided what their core values were and question whether the contract achieved or impeded those values or go through line by line analyzing each condition (or obviously a hybrid of both).

Because a classroom setting is similar to the contest environment with only a limited time to evaluate a contract (even if a student gets to take it home over the weekend), having a similar opportunity to look at a contract with many elements not in the artist or organization’s best interest and then roleplay a negotiation could certainly be helpful to arts students.

One of the things I never thought I got enough of in grad school was contracts. We got to look at a few contracts to see the sort of things that went into them and I got to read all the Actors Equity handbooks I wanted.

There really wasn’t a discussion about the type of things you would want to change because it wasn’t in your best interest.

Many people may be under the impression that a contract is something that you need to comply with as best you can if you want to do business with them at all. I think there is a basic assumption that the other party is acting in completely good faith and little acknowledgment of the possibility that the other guy may be trying to fleece you to the fullest extent possible.

Most people acting good faith with a reasonable bias toward themselves, but you had still better read the contract every single time it gets set before you.

What Happens When We Lock 12 Artists In A House And Make Them…Draw!

April 15, 2013 by Joe Patti

I am a long time reader of the web comic, Penny Arcade (sometimes NSFW) which is focused on gaming culture (online, console, tabletop) The creators, Jerry Holkins and Mike Krahulik, have been among the few people to actually make a living at it, though they have said it was a near thing a few times in their careers.

They have used their success to found charity that mobilizes the gaming industry to benefit kids and a successful series of conventions started in response to what they felt were inequities in gaming conventions.

They recently started an online reality competition, Strip Search, to find the next great web comic artist. The competition basically seems to be an attempt to give web comic artists exposure while making fun of the whole reality competition format.

They have them do goofy challenges like remembering trivia from a tour of Seattle and a drawing version of the telephone game in return for prizes. The elimination challenges are more focused toward an artist’s professional life- designing t-shirts and skateboard art to a client’s specs, interviews by the media and cultivating your brand by responding to social media praise and criticism.

The winner of the elimination challenge has to go before Holkins and Krahulik to draw a comic strip based on randomly drawn topics. The one drawing the worst strip has to leave the show.

This is where things really veer from the traditional format. While the artists draw, Holkins and Krahulik ask them all sorts of questions looking to unnerve them a little. Krahulik especially likes to say stuff like “CONTESTANTS 10 MINUTES! is what you will have in 30 minutes.” Then they make the contestants sit in the “shame hole” which is an SUV parked outside, while they judge the strips.

This may sound a bit torturous, but my view is that it is an attempt to satirize many elements of format. At the end of each episode, Holkins and Krahulik jump into the SUV with the loser and really encourage them to keep working and talk about their own experiences trying to get their careers off the ground. In a recent episode, Holkins gave one of the guys his contact information and encouraged him to contact him at any time for advice.

I think their aim is to both encourage the artist to continue and encourage their fans to support the artist. When I visited some of the artists’ sites, it appears they all got invited to the Penny Arcade Exchange conventions to speak on panels and gain more exposure.

Compared to most reality competitions, you might find this one a bit amateurish and unpolished. The production values aren’t high and Holkins and Krahulik aren’t the poised panel of judges you find on most shows. The result is some honest moments like a recent episode with audio of Krahulik cursing off camera at the prospect of having to choose between two well-executed pieces.

Ultimately, they do send someone home, but Krahulik refuses to enact the ritual destruction of the losing piece and instead gives it back to the artist to keep.

While manipulation of events and environment are the hallmarks of reality competitions, it seems like there are places Penny Arcade doesn’t want to go. For instance, while I have been watching, I found myself thinking that the contestants were being too nice to each other and complimenting their competitors’ skills.

It got me to thinking about why I thought it was necessary for them to less supportive of each other –or at least be edited to appear that way. Isn’t it tough enough to be in a competition that is broadcast all over the internet for everyone to comment on?

Heck, isn’t it tough enough just trying to make a living from being a visual artist?

It may not bring the prestige of a cable show like Top Chef, but in terms of artists using their success and following to help other artists, I think there is something there worth emulating.

What Is Art? What Is Craft? Whadda I Care?

February 13, 2012 by Joe Patti

Philosophy professor Mike LaBossiere has an entry on Creativity Post in which he discusses the issue of defining art. He cites one of the creators of the Penny Arcade web comic, Jerry Holkin, recent statement resisting conventional definitions of art.

“I don’t think I’ve ever read a definition for art that wasn’t stupid. Generally speaking, when a person constructs a thought-machine of this kind, what they’re actually trying to do is determine what isn’t art. I have always been white trash, and will never cease to be so; what that means is that I was raised with an inherent distrust in the Hoity and a base and brutal urge to dismantle the Toity. This is sometimes termed anti-intellectualism, usually by intellectuals, when what it is in truth is an opposition to intellect for intellect’s sake. The reality is that what “is” and “isn’t art” is something we can determine with a slider in our prefrontal cortex..”

For reference, Holkin’s comment is associated with this particular strip. (I am actually an avid Penny Arcade reader, too.)

When I was in grad school one of the first classes I was in took up the discussion of the differences between art and craft. We spent a few classes on the topic and read a number of articles debating the differences. In the end we arrived at no set definition. While I think the exercise of trying to arrive at a definition was valuable, I didn’t saw a reason to worry about the distinction. I have never been plagued with doubts that the projects with which I am involved might be craft rather than art.

There have been a few times when I have been concerned that the quality of the performance might not be equal to the price of admission, but outside reading articles like LaBossiere’s I generally forget a distinction is often made.

Which is not to say that I do not make a distinction between what is and isn’t art. Like LaBossiere, there have been instances when I am certain a hoax is being perpetuated. Most things I have no trouble giving the benefit of the doubt, but occasionally I am incredulous at what is enshrined as art. When I visited the Philadelphia Museum of Art this summer, there were one or two galleries that left me incensed to think the contents were considered art. One of my visual artist friends explained how ground breaking the concepts were, but I still left pretty angry.

But I recognize that is personal and when I have these experiences, I don’t fume off to post denunciations.

As I read LaBossiere’s post it occurred to me that the NEA’s recent effort to classify a wider range of activities as participation in artistic pursuits will be in vain unless those considering themselves artists and arts professionals relax their own definitions. This may seem implicit in the NEA’s effort to widen the classification, but it is one thing to recognize that manipulating digital images is arts participation and another to have the product acknowledged as art.

Now I have already acknowledged there are some things I don’t consider to be art and that I am discerning about the quality of work I will present in my venue. Am I saying people in positions like mine need to give stuff we think is crap more exposure?

Well, not me of course, I am talking about all those other artists and administrators with their elitist attitudes. They need to relax and get off their high horses.

No, of course I am talking about me, too.

I don’t think I need to necessarily compromise on my standards of quality, but I can always do a better job of entertaining a wider range of types of artistic expression. Part of that will require educating myself about these different types. I am grateful that my daily life brings me in contact with many opportunities to do so. I need to take advantage of more of them.

Ultimately, I think if the NEA, Americans for the Arts, foundations, etc want to shift the public view of what constitutes arts, culture and the participation and creation thereof, they will need to devote a little time to communicating with those of us already involved in what has traditionally been recognized as arts practice.

It can’t entirely be about bringing the public around to the arts community way of thinking and considering themselves one of us. Efforts need to be made to encourage the current arts community to meet the general public part way and acknowledge their practice is valid and that they are in fact, one of us.

For all the elitism in the arts, I think arts people will have the easier job of shifting their perceptions. One of the benefits being touted about the arts is an ability to accept situations with no distinct right or wrong results. While one of the key practices of classification is to define what something is and is not, the vast majority of arts people don’t really cleave strongly to concrete definitions. While there are plenty of people who will happily go on at length, about what characteristics disqualify a piece from being considered post-modern, by and large most people won’t lie awake at night worrying about it.

I have some additional thoughts on the idea of arts organizations working to complement the efforts of national organizations like the NEA and Americans for the Arts which I will relate tomorrow.