John UM
The cartoonist Tanaka Kyuichi issued a question: The conflict between so many cartoonists and publishers or other content platforms has been exposed on the Internet. Why has the comics’ industry not yet trained to sign contracts when entrusting others to draw originals? Habits? .
(.https://twitter.com/keiichisennsei/status/1032298111937306624).
This issue has sparked discussions among people inside and outside the industry. Many people, such as Tanaka himself, believe that this is because the comics’ industry is unwilling to make changes. Another self-comic cartoon, Yamamoto, suspects that if the contract is signed, the publishers will not be able to arbitrarily carry it; they are trying to protect their own interests before they refuse to sign the contract at an early stage. .
Comic researcher Sato Keiliang put forward a point: If the cartoonist and the publisher signed the contract early, I am afraid that the ending may not be beneficial to the cartoonist. .
Sato argues that if a cartoonist, like other industries, immediately enters into a contract with a very strict contract, then the delivery obligation and delivery deadline will definitely be clearly defined. In this way, “HUNTER × HUNTER” and “First God Boxing” have been shackled for breach of contract for the first time in eight generations; or they have to insert the total collection of articles into the regular collection like the “all-in-one” animation. .
The former cartoonists and publishers did not agree on the delivery date, so the cartoonist only promised that he could finally draw the comics for you to board. But once there is a clear contractual constraint, the cartoonist can’t do what he wants. .
So Sato believes that if there is a contractual bond, it will be difficult for the weekly magazine to serialize this system. It cannot be easily asserted that it is only a purely meaningless stereotype to sign a contract when the comics are not signed at the time of signing or when the bill is issued. Of course, this also depends on the terms of the contract. .
If the cartoonist does not have to follow the deadline, he can get the draft fee if he is alive, which is too good for the cartoonist. Perhaps because of this reason, the two sides will not sign the contract now, but only confirm each other’s unit price in advance, which is a balance point. .
But on the other hand, the comics such as “HUNTER×HUNTER” and “First God Boxing” can “open the skylights all day long, and take the drafts directly,” because they have no loss even if they do this. The number of fans = strength, in order to make the author so capricious. It is estimated that there is no way to react to this vague thing in the terms of the contract. .
(.https://twitter.com/demodori_s/status/1032310132804280320).
If the cartoonist really looks like a company employee, it won’t be a KPI to deduct a bonus or even a fine. If you want to come, they won’t be happy. .
However, Sato’s own tweet also said that the specific conditions still depend on the terms of the contract. Even if a cartoonist and a publisher sign a contract, it is not necessarily subject to such strict restrictions. .
The cartoonist Gong Yueguang once signed a long-term exclusive agreement with Jiying. However, the terms of his agreement with Shuyingsha are very loose, requiring only “cannot be comics in young comic magazines outside Shueisha”, as well as specific manuscript fees, royalties and annual exclusive fees, which will be revised annually. During the signing period, the moonlight opened several times in the skylight, but it was not shackled or deducted. .
(.https://twitter.com/h_yuzuki).
Electronic comic magazine “Computer MAVO” editor-in-chief, Takeuchi Taro, believes that the terms of the contract can only be determined based on the individual ability of the writer. Some companies require weekly magazines to serialize, so they can only find cartoonists who can do it. Although many people have creative talents, their speed is limited, and they will not be able to serialize the weekly magazine. .
The manuscript of “Computer MAVO” operated by Zhu Xiong himself, in addition to his own magazine, will be serialized on other comic websites and applications. So the magazine will sign multiple contracts with writers and other companies. If it is a serial comic, then both parties will determine the number of serials and the draft fee in advance.
Since there is a contract in front, if the writer drags the manuscript, there is a possibility of liquidated damages. The editing of the work of “Computer MAVO” is handled by Zhu Xiong’s own company, so if the cartoonist’s progress is not good, the editor will contact the cartoonist and the client company; if it is really drafted, it is also edited in the middle. Adjustment. .
Fortunately, so far, “Computer MAVO” has not encountered too much trouble. Once, a writer suffered from depression after signing a contract and could not write. It is the editorial contact enterprise of “Computer MAVO”, which has gained the understanding of the other party. .
Generally speaking, their serial contract is a five-for-one sign. If you feel that the writer can’t keep up with it, you may draw a five-time suspension to observe the status of the agreement. .
The reason why 5 times a sign is due to the guidelines of other companies that publish comics. These companies will decide whether to renew their contract based on popularity. From the point of view of the cartoonist, at least I know that I can still draw a few times at the moment, and it is good to avoid being forced to squat for a while. .
(.https://twitter.com/kentaro666/status/1032331023651037184).
The comics’ industry is gradually changing, including the rise of online media. And it is not just the comics’ industry that is making changes, but other industries are also facing a transition period. .
Light novel editor Sanmu Yima said that as a writer intermediary, he has to do legal consultation for many confidentiality agreements and investment agreements; even if the same content, the contract content of different companies will have their own personality, very interesting. From the definition of IP to the interpretation of terms, it makes him feel fun. Miki said that future editors will not be able to survive on the battlefield of entertainment if they are not familiar with copyright law. .
After Miki left the Kawagawa and started his own business, he printed a complete copyright law from the website of the Ministry of Internal Affairs and Communications, and sat on the tram every day to study. He said that there is no need for a reference book, there are too many special cases in the case of intellectual property, and there is nothing that can be universal. The best way is to learn on the ground through your experience and the cases you have received. .
Especially people who are big-handed companies can’t give the contract department to the legal department and the property department. Instead, they should study and re-recognize the intellectual value and legal effect of the so-called IP that they are dealing with. .
For example, the editor may say to the creator, “This illustration is bought out, it is bothering you.” This sentence may be a sentence, or just say it in the mail. Many people don’t know what the original sentence means in copyright law, and what restrictions on the author’s use are used. The creator also believes what the other party says and does not check the legal provisions. .
In the “Gambling Apocalypse”, Yukikawa Yukio has a saying that he has entered the general society, and adults will not be good at teaching you important things. Miki suggested that both editors and creators should re-learn copyright law in order to protect their important works, which will make a big difference. .
(.https://twitter.com/kazuma_miki2016)