GOOD JORB
You know that rant that I went on earlier? I officially retract it. I stand before you and confess that I just did a thing that drives me nuts when I see it in other people: I spread some reactionary crap without actually researching the stuff they were ranting about myself. Shame on me for not being more careful for what I post, and I'm going to repost to point this out. I still have a few reservations, but yes, the poster of that rant didn't read the contract closely, but that's no excuse for me to have fallen off the same cliff. And a big thank you to difficulttosa for being like a blog parachute of cool.
So look, guys, the Tokyopop contract is not actually calling for people to give them comics which they will publish without paying anyone anything. They're actually saying that if they do publish anything they will pay the creators an amount that the artists and writers name (that's what the blank after the dollar sign is). They're saying that it's the creators' responsibility to make sure the stuff they've submitted isn't plagiarized. They're saying that if they accept the materials, they're going to give them a year of publicity. They're saying that if the materials are popular, they will offer to negotiate a full contract with the creators, and have the right to try to match any other offers for a year. If they don't accept a submission within 60 days, the creators can do whatever they want with it and show it to whomever they like. If you make it to full contract status, after a year of publishing your work, you can choose to sign the rights over to someone else as the new contract states.
If they do accept the submission, though, there are some problems. Waiving "moral" rights (no matter what country thought them up please and thank you) and giving Tokyopop permission to omit your name from the work while also having free reign to futz with it as they find necessary is...putting a lot of faith in Tokyopop. The contract states that you can do what you like with the work after that year of publicity, but it also says that Tokyopop can keep the graphics they made of your comic.
Also, that blank after a dollar sign is a significant problem: there are plenty of young creators who do not have the first clue how much money is reasonable for them to ask for, and there is certainly the danger that Tokyopop stands to receive a lot of naive submissions. There's nothing to keep them from choosing the most quality for the cheapest price, whether or not that price is truly fair to the artist, nitpick forever, and then reject the work anyway. Arguably this is caveat author, but if Tokyopop is truly dedicated to treating emerging creators fairly, they will endeavor to make sure that people are paid a fair price within the industry for the work they do.
So, not as bad as it sounds, but still not something to be signed lightly.
So look, guys, the Tokyopop contract is not actually calling for people to give them comics which they will publish without paying anyone anything. They're actually saying that if they do publish anything they will pay the creators an amount that the artists and writers name (that's what the blank after the dollar sign is). They're saying that it's the creators' responsibility to make sure the stuff they've submitted isn't plagiarized. They're saying that if they accept the materials, they're going to give them a year of publicity. They're saying that if the materials are popular, they will offer to negotiate a full contract with the creators, and have the right to try to match any other offers for a year. If they don't accept a submission within 60 days, the creators can do whatever they want with it and show it to whomever they like. If you make it to full contract status, after a year of publishing your work, you can choose to sign the rights over to someone else as the new contract states.
If they do accept the submission, though, there are some problems. Waiving "moral" rights (no matter what country thought them up please and thank you) and giving Tokyopop permission to omit your name from the work while also having free reign to futz with it as they find necessary is...putting a lot of faith in Tokyopop. The contract states that you can do what you like with the work after that year of publicity, but it also says that Tokyopop can keep the graphics they made of your comic.
Also, that blank after a dollar sign is a significant problem: there are plenty of young creators who do not have the first clue how much money is reasonable for them to ask for, and there is certainly the danger that Tokyopop stands to receive a lot of naive submissions. There's nothing to keep them from choosing the most quality for the cheapest price, whether or not that price is truly fair to the artist, nitpick forever, and then reject the work anyway. Arguably this is caveat author, but if Tokyopop is truly dedicated to treating emerging creators fairly, they will endeavor to make sure that people are paid a fair price within the industry for the work they do.
So, not as bad as it sounds, but still not something to be signed lightly.