They can still get sued for encouraging piracy in a particular site. So I wouldn't recommend it. Seen people get sued for less. But hey it depends on the state they file the case in. So I can't say if it would be a valid case or not.
In some states they have crazy laws that can get you arrested for saying some lets say "strong things" in a videogame. Basically an anti bully law over videogames.
Yeah, as somebody with a contract with Tapas, there's no clause forbidding me from openly criticising the company, or even encouraging people to pirate works on the site. They just...er.... assume I know that if I did the consequences would potentially be really bad if I wanted a future working with them, and that it could potentially harm my whole reputation as a creator in the industry.
Other companies wouldn't want to work with me if they saw from my posts that I was the kind of person who, if I signed a contract and then regretted it, would go and publicly tell everyone they're a horrible company, and you should pirate their products.
EDIT: I should also add, that I have worked on contracts in the past where there WAS a clause that said I couldn't criticise the employer, and that I could not only not tell people what the pay was (Tapas has this bit) but couldn't even express opinions about how I felt about the amount I was paid (Tapas thankfully doesn't have this bit).
It could get them kicked off Tapas, because encouraging people to pirate Tapas content could actually get any of us kicked off Tapas. We all signed up to the following clause in the site T&Cs:
"Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to Tapas Media, the program or any other users (in each case as determined by Tapas Media's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment."
Tapas would be completely within their rights to suspend the user's account. It might not be a good idea though, since it'd potentially cause the Streisand Effect and make whole incident to blow up, drawing more attention to a post that will likely otherwise just blow over.
I doubt it'll get them in bigger legal trouble...unless the post is misrepresenting the truth in some way in which case... libel would be a possibility. It could be bad for their career though even without legal complications, if they want more writing work in the future and searching them online brings up all this contract drama where they admit to not having read the contract properly but then complain about it and encourage piracy.
i get that there's really only so much to be done since a contract was already signed even if it's clauses weren't noticed till later but i'm still miffed considering the person here is someone who's contributed a lot to tapas outside of their created works (the tapasfans search tool and the novel paster plugin) so like outside the legal stuff it just feels like a burn to a member of the community from a company that once seemed at least relatively caring about it
Sounds like they're already done with tapas, so they don't care about it making it blow up online. But like as far as predatory contracts go: they're predatory. I'm of the mind that we need to put all of these predatory behaviors in the freakin past. Like sure DC or Marvel do it, too, but also they're not the gold standard for treating your artists and writers with respect. Overall, a huge shame on Tapas legal team for somehow duping this girl to signing away all of her revenue. Even on S1, after S1 was over? Huge shame on the legal team for this one, and it's enough of a yikes that I wouldn't sign with them right now. That's like...hugely predatory.
Also I was talking to someone about tapasfans.com like 3 days ago and they were like "huh, wonder why the site hasn't updated" and well...didn't love finding out why this way.
Im saying that contract was preditory. Period. Honestly thou and honestly kinda why tapas and other webcomic sites trying trying to attract abd cultivate a younger and younger user and creator base disturbs me more than anything.
Cus younger people will sign into that kind of contracts (or even worse contracts). if all you tell them that they will make it big. Kinda why shady sites like webnovel still gets exlusive cobtracts being signed. Its very predatory and shouldnt have happened.
They already noted they refuse to work with tapas and good on them. Lets not try to dissmiss that
yeah, the age of a lot of these people under contract always gets me, too. Like there was a trust between the author and who they worked with. Otherwise they wouldn't have had hopes that Tapas would undo that contract under a good faith error. They were thoroughly taken advantage of. Dunno the age of this person though, I got the gist they were a little older.
Yeah, there's probably more to the story than this - but also, guys, read your contracts. Yeah legalese is boring, but you want to know that stuff at least at a passing glance. Could be the difference between avoiding a shady contract and signing away your image rights in every medium for eternity. (wish this was an exaggeration, but there were "art contests" that were in fact NFT farming operations)
Were Tapas (or maybe in this case Kakao) right in having a clause in the first place to "cancel" completed work? No, there should probably at least be some sort of return for the creator if they weren't given advance warning. But it takes two to get into a predatory contract.
I think the chances of someone from Tapas proper directly addressing this are slim. They have hundreds of contracts of varying levels between artists, writers, and independent creators that depend on their involvement with each individual IP. I doubt the set standard they use for one carries across to others.
"That's why read the contract and never sell your IP out"—yes, duh. That's not the point. Good for you you don't fall for it, I don't care.
I just want to know why Tapas has that kind of clause and from the wording sounds like they deliberately make it easy to make. I want to know the testimonies of other creators (why only Miqin spoke up?). Is it true? Hell, I wanna read the contract if possible.
Because having a predatory contract is still predatory, and something done in a bad faith, whether you "Just read carefully uwu and don't sign in, guise" or not. The clarification from this could be really helpful for people who are considering working with Tapas.
Honestly I think with any company or situation with a contract poeple tend to strongly suggest getting an agent or a lawyer to help with legal matters, course idk how accessible that is in terms of location and cost but I know i've seen it brought up often enough
What's frustrating or I guess just disappointing is that even if a company or other entity seems trustworthy you've still gotta do what you can to avoid potentially being misled
It's a shitty way to discover that all businessmen are scum and all companies are predatory. Especially so when it comes to art fields where there are a million young folks hoping to make dreams come true. Comics, TV, movies, games, don't matter. And they get away with it because if you demand better the next artist on their list wont.