Forum - View topicNEWS: S. Korea FTC Finds Over 1,000 Unfair Terms in Webtoon, Web Novel Contracts
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Blanchimont
 Posts: 3862 Location: Finland |
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I didn't think anyone would one-up Tokyopop in this day and age, but apparently here we are...
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WANNFH
 Posts: 2086 |
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If anything can be learned about SK industry, it can be THAT crooked under the roof. |
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BlueAlf
 Posts: 1768 |
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It's about time? I thought issues regarding these terms have been public knowledge for anyone trying to get into the market.
I don't think the scope is just in South Korea too. |
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iHodor
Posts: 2 |
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You have to vet contracts really carefully, since Tokyopop/Marvel/DC-style shenanigans are more the standard than the exception. |
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DRosencraft
Posts: 705 |
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[quote="iHodor"][quote="WANNFH"]
What people tend to fail at understanding about contracts is commonly two-fold. One, A contract is legally binding in all its legal terms. Two, a contract cannot be made to do something that is illegal. That second part is particularly important, as a lot of people that write contracts don't necessarily run those contracts by professional, independent, lawyers who will review them and say, "hey, this bit right here? Yeah, you can't have someone sign a contract to do that. It's an unenforceable covenant." Reading through the list of violations in the article, the most innocent reading is that some stuff was added to the contract template but not properly tailored, edited, reviewed, reworded, as any template should be before being presented as a completed document. On the other side, however, is that folks go in and sign these contracts either never having read through the whole thing, and/or never having their own lawyer review them. So, what you end up with is people signing contracts they've never properly read, that were never properly written. To be clear, this isn't about the KTC setting down new laws or rules. They're basically telling these publishers, "hey, these contract provisions are against the law. If there were an issue and it went to court over this contract, these provisions, if not the entire contract, would be voided." The danger in these contracts for the authors/artists is in their own belief that the contracts are binding when they're really not, which leads to them "silently" complying with its terms, or alternatively being more or less forced into potentially pricey legal fights. |
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