Seems like it's a bit of an issue with the non-premium series being lumped under the same ToS as the premium series? I can absolutely understand that clause for the premium series; it's just business sense for Tapas to protect their rights to the properties that bring them $$$. But for us non-premium series creators, it's pretty dang restrictive.
If a comic isn't getting the premium treatment/payment I don't think it should fall under this TOS.
I barely make $3 a month from the ad-revenue. It doesn't feel right to contact Tapas saying "oh hey this publisher wants to give me a actual living wage for my work, that ok fam?"
It really is something that needs to be delineated, but I would assume (perhaps wrongly) that premium series creators have been required to sign some contract with more specific terms. If so, there is absolutely no reason, nor is there an excuse, for attempting to force non-premium users, who may not receive any benefit whatsoever other than free hosting, into the same terms. Not everyone opts into the ad revenue program, and those who do are provided with a meager compensation for that, as has been adequately noted; and that isn't even the real program intended for commercial benefit.
This is a serious problem. Anyone with industry experience will likely recall Tokyopop and its problems with similar practices. By the end, no creator would contract with them for similar concerns, and for good reason: even to this day, intellectual properties of creators are still tied up in their problematic contractual entanglements.
After Tapastic altered their name and removed the forums -- the main and only direct community nexus for interaction -- to hide them away at the bottom of a secondary page, I find it very hard to believe that community engagement is a priority. The forums have never been a priority, and the persistent issues with it prove that handily -- most new users can't even upload an icon to represent them. As such, I find it very difficult to believe that any real consideration has been given, or will be given, to that community that is responsible for the site being built up to the level it enjoys at present. I have seen too many sites do the same and then end up disregarding everything the community says or asks.
If these terms persist for all users, I will have no choice but to attach a proviso to all my comics that remain until I choose to walk away, which will be at the end of the current chapter -- quite soon -- for my single currently running comic. I have accepted Tapastic's limitations up to now, because they were a free host that seemed to have some degree of mindfulness about promotion and reaching a broader audience. But frankly, their terms are too restrictive as it is, even without consideration of the possibility that they might be encroaching upon my legal rights of copyright and commercial ownership.
I literally have to be able to make the call on whatever I need for my series. If you have not entered into an explicit and exclusive commercial relationship with me, through an explicit and exclusive contract with me, you do not get to claim any such privilege.
As a hobbyist I kinda feel like this shouldn't apply to non-premium users - I just use this as a mirror and never intended this to be the site I make money on if it shouldn't even come to this.
One thing that bothers me is: does the Right of First Refusal also include the instances where you self-publish yourself? I have being doing that for a year actually ¯_(ツ)_/¯
I don't know, I started doing webcomics because I became tired of dealing with publishers and working full-time comics for a publisher doesn't look like it will give me a steady income, which is what I really need due to my personal situation. I don't really want to go through a publisher or just tell Tapas everytime "Hey, I'm self-publishing this, what's your offer?" to put it down after that to comply with the ToS.
When was this added to the ToS??
Noticing @michaelson about this, and the fact that some people are already making announcement of leaving / deleting their stuff from their site out of concern32. It also contain some tweets that makes people quite worried all over twitter. Also, here's finally a lawyer's POV on the matter.40
Thanks for the link to that lawyer's twitter! It's definitely worrisome that this is an issue non-premium contracted creators have to deal with. :c
It's broad for a reason. The more broad the wording the more it can encompass. The lawyers thread linked above basically says it comes down to this: Legally, if you decide to sell prints of your own work without asking for an offer 30 days beforehand, they can pursue legal action against you. That doesn't mean they WILL, but based on the broad definitions and wording here they could.
Eh, all I want to know is if tapas thinks it's okay for me to keep my redbubble up with this new ToS update since they are selling my shirts. The designs tapas is selling are of course not available on my redbubble.
So I guess its off to Webtoon or back to Smackjeeves, those that can, make their own sites or tumblr.
God it's just like Inkblazers. I honest to god never though I would go through this again.
Feeling more worried now that it's been pointed out how vague and all-encompassing it is. Basically, if you want to monetize your series at all, you'll always have to run to tapas for approval first, and that's just not okay.
Another thing I've been wondering about... There are literally thousands of comics on this site. Are they expecting to negotiate with all of them? That seems plain unrealistic when they don't even have the manpower to fix the avatar issue!
I doubt Tapas wants the first right to merchandise since they don't really manufacture anything, so Soc6 and Redbubble shops should be okay.
I just agree with and really liked @Kaykedrawsthings's post earlier, so I never gave this "Right of First Refusal" clause a second thought before today when suddenly everyone's losing their minds over it.
It's been two weeks since this was first brought up in this thread... Not saying I don't agree with you, but they can only stay silent for so long before people get antsy. Also, while I agree with @Kaykedrawsthings's perspective, when we have actual lawyers pointing out how vague it is, I think there is basis for some worry here. If nothing else, tapas can definitely improve the wording to make it more clear about 1. what they really mean, 2. what they want to get out of this and 3. what's in it for the authors. Basically there are a lot of unanswered questions and tapas is being very silent on this issue.
I think what fuels a lot of anxiety is also Der-Shing's post on twitter12 on how tapastic used to be Comic Panda, which lifted a bunch of comics to their site without the authors' consent.
Edit: Then there's the fact that such a clause is written in without being specifically announced that's worrying too.
Ah I see, that's kind of what I was thinking too but it's good to hear a second opinion.
And yeah. That, and I don't see what forum avatars have to do with legal rights.
As someone said, there are thousands of comics on the site. They're not gonna run around messing with small hobbyists. The rule was probably added for their premium users, and it can even be used favorably by more successful artists when they are given an offer by another publisher, as has previously been stated in this thread.
Keep in mind that tapas has been extremely busy around and after the site update. They are hard at work. They probably aren't keeping silent to avoid the issue but rather to figure out a good way to handle it, while still keeping up with other work and management.
