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Mar 2023

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).

They haven't from what I've seen, it's other people sharing a screenshot of their tapas announcement on twitter

Ah, yes, now that you said it. Well, they still went public with the announcement for all the subscribers. I hope they won't get in more trouble.

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.

At least over the age of 18 (both the writer and the artist). If you aren't you can't participate in said programs in tapas. Just answering in case that was your doubt.

Oh yeah, they're definately 18 at least, or they can't get ad revenue. But also, that's really freakin young. Mind you, I'm over 30 so I see anyone under that age of 25 as "that's a good age to make some MISTAKES"

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 just want to bring up this part again since it seems to have been missed.

It would be nice to hear from someone at Tapas to ensure this is not part of a contract ever again.

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.

Now I understand why a girl I follow said "I had to take a lawyer or get the help from someone accostumed with copyright to help me figure out the contract and be able to advance some requests" while telling how she became original. Tapas seems a bit predatory

"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.

Contracts differ a lot, even for those in the same project — for example for our unpublished Tapas Originals project, the contract I the artist received was very different from the contract the writer received.

A lot of us are under active NDA, has other projects tied with the platform, not active on social medias, and/or only stick to close friend groups. Like I know more in-detail stuff about miqin's situation but I'm not sure if I'm at liberty to disclose it.

Remember when the Webtoon contract discourse was happening — out of the many Originals artists, only a few publicly spoke up with their details.

Tapas has much less contracted creators than Webtoon so there's going to much less people willing to speak out publicly with their contract details.

But predatory contracts at this platform isn't new -- the creator of Chinatop has spoken multiple times about their contract:

https://twitter.com/4threset/status/163135711550704435214

(reminder i did 50 panel episodes for $50 per ep when I was on originals.)

Hm.

I don't know what the contract was, but from my understanding the author signed with a different company who merged into Tapas. Or am I misunderstanding that? Kakao?

That would mean the original contract was void at that point so it wouldn't matter. That'd be the point I assume in sending the new contract that she accidentally signed.

The old contract doesn't matter, whatever it was. I'm a little confused as to why it does seem to matter to folks. Or maybe I really am missing something.

I believe the new contract is what is actually relevant, and yeah, it was shady. I think people ought to be a bit careful of victim blaming here (not that I think anyone is doing it intentionally, but it's an easy mistake to fall into).

Nobody is going to sue her for what she said on twitter. They'd be stupid to try. Not sure what country she's in or the laws there, but I think in most modern countries it'd be a waste of time to bother.