I am opposed to the publisher Tokyopop.

They have this new Manga Pilot program. It's a thing where you come up with a great idea, you toil over it and create a 24-36 page comic, they put it online with a bunch of other submissions, and "the people" decide who wins. Or, y'know, whatever.

The contract for this fun deal is horrible, draconian, ridiculous. It's like Satan wrote it. I can't believe Tokyopop is getting away with this in broad daylight.

If you want to create comics or manga or whatever you call them, please read this. I know it's a long post, but I feel strongly about it.

I'm going to go through this piece of shit with you, because I'm sure a lot of aspiring cartoonists read my blog and I want to do my part to help you all have a future.

Read my bloggy lips: if you sign this contract, say goodbye to THE FUTURE.

I'm not going to speculate about where they're being untruthful. I'm just going to let them say what they're saying. It's bad enough.

(And please note: I do have friends publishing with Tokyopop, and wouldn't presume to speak on their experiences; this Manga Pilot deal is all I can speak about here, because they've made it transparent and available.)

All quotes in bold come from the Manga Pilot Solo Contract, here.

You’ll notice this doesn’t look like your everyday ordinary contract...
...Mumbo jumbo written by Hollywood attorneys...

You know. Hollywood attorneys. The kind who write comic book contracts.

Anyway, they're writing this contract in a "hey dude" style to seem less evil and confusing, but this is just another tactic for evil and confusion.

Pilot Fee $____, payable in full when we receive and accept the Manga Pilot

That's a conspicuous blank. I'm not aware of just what they're offering. Are they asking you to put up your own number? What are they, Radiohead? Also, please note that whatever amount they're giving you, they aren't giving it to you until they receive and accept your comic - which is 24-36 pages, by the way, "inked, toned, ballooned, and lettered", not to mention that you'll be doing all the digital prepress. (If you're "only writing", you get off easy - just a manuscript.)

So, hey, what does accept mean? Does it mean that they might not accept your story, the one you slaved over for weeks or months, and then they'll be well within their rights to never pay you? Yes. Yes it does.

It also means they might just ask you to change stuff! That's okay, right? Back and forth, back and forth. You may not know it, but this editorial stuff can take ages. It can also drive a sober man to drink. Not a fun time. And PS, you won't be paid until it's all over. The dollar amount that seemed so big when you signed the contract is going to seem smaller and smaller with each passing week. But hey, you live with your parents, right? It's not like you have anything better to do, right?

If we haven’t given you a thumbs up — our written notice of our approval — of the Manga Pilot within 30 days after we’ve received it from you, then you can consider the Manga Pilot rejected.

They don't even have to tell you they don't like you. Isn't that sad? Waiting by the phone for the horrible corporation, and they never call...

You promise to protect us from claims anyone makes that you violated their rights in connection with your Project or Manga Pilot. This means you’ll pay for all the lawyers to fight it out and all the other costs necessary to fend off those claims, in or out of court.
And, if things do get ugly and end up going to court, this means you’ll also pay for all the expert witnesses and court costs and, if the other guy or gal wins, you’ll pay whatever the court awards them, too.

This almost speaks for itself, but maybe a little example would make it clearer. Say, maybe, your comic becomes a huge success. You get movies and toys based on your characters. You might even start making some money. THEN someone comes forward and sues your ass for stealing your idea from him back in the sixth grade. You know, one of those multi-million dollar lawsuits. Let me tell you, judging from these contracts, Tokyopop is going to be holding all the million-dollar-bills at that point, not you. They'll have the huge percentage you negotiated away, and you'll be standing there with negative a million dollars. But hey, y'know, that's standard contract bullshit. Who cares? Sign 'er away. What are the odds of all that crazy shit happening?

We may feel it’s important to test a second installment of your story, so you give us the right to ask you to do a second Manga Pilot based on the Property. If we want you to do a second Manga Pilot, we’ll let you know within six (6) months after you’ve given us the completed first Manga Pilot and we’ve accepted it.

If they need you to do some more free work, you know, they'll ask. And you'll get paid the same way - AFTER you do all the work (again) and they approve it, after sending it back and forth for however many rounds of FREE changes and revisions they need.

GIVING US ADAPTATION RIGHTS
You give us the right to reformat, adapt, and modify the Manga Pilot for iManga, our motion graphics video format, as well as for other ways that we may change it in order to display, print, and exhibit it.

Just so we're all clear: If they're making money on any of these things - and believe me, they will be - you aren't getting any of that money. Pay attention, kids.

“MORAL RIGHTS” AND YOUR CREDIT
“Moral rights” is a fancy term (the French thought it up) that basically has to do with having your name attached to your creation (your credit!) and the right to approve or disapprove certain changes to your creation. Of course, we want you to get credit for your creation, and we want to work with you in case there are changes, but we want to do so under the terms in this pact instead of under fancy French idea. So, in order for us to adapt the Manga Pilot for different media, and to determine how we should include your credit in tough situations, you agree to give up any "moral rights" you might have.

Of course, you still have your rights under this pact to your credit.

This one needed to be quoted in full. First of all: hey, everyone hates French people! Tokyopop couldn't possibly be as bad as the French! What is this? What the hell? Is this real?

YES. IT IS REAL.

They are saying, literally, that you are giving up your moral rights. And that it's okay, because the French invented them. We are replacing your normal, god-given rights with only the jovial words in this sweet-ass contract, dude.

WHAT WE CAN DO WITH YOUR CREDIT
And, speaking of your credit, customarily we give you credit for your work as the writer and/or artist of the Manga Pilot. However, we may have to shorten or leave out your credit when the space available or the conventions of a format won’t permit it or if it would have to be too small to read (for example, when the Manga Pilot is viewed on mobile phones). You’re OK with this.

This is even worse! "We don't have to put your name on your comic if we don't feel like it." Okay? That's what it says. I've seen this. Tokyopop ads that don't specify creators. You know, all their comics come from the same hive mind. All their creators are replaceable cogs in a giant machine.

THE ORIGINAL PROPERTY AGREEMENT
If you and we agree on the terms, we’ll send you a formal contract (it’s called an Original Property Agreement) that will include a schedule for you to create the first manga book or online manga based on the Project. You’ll have an opportunity to give us your comments to the Original Property Agreement and, if you want, have professional advisors (like an attorney) review and comment on it, too.

If you want, you could have a lawyer look at the contract. Inadvisable, 'cause if a lawyer looked at it and you listened to the lawyer, Tokyopop would be out one manga-creating cog in the machine. Also note how it doesn't say that you or your lawyer could suggest changes and have those changes made. You'd just "comment".

MATCHING OFFERS FROM OTHERS
If you and we can’t agree on the terms or if we’ve agreed on terms but haven’t signed the Original Property Agreement by the end of the Exclusive Period, then we’ll have the right to match any offer you receive from anyone else for any rights in the Project. That means that if you receive an offer that you’d be willing to accept, you’ll have to tell us right away what the terms of that offer are, and we’ll then have two weeks to decide whether we want to match that offer.

If you walk away from Tokyopop, having signed this first "pact" but not entered into a full book deal with them, and then a better publisher makes you a sensible offer, you have to tell Tokyopop. Then, Tokyopop has the right to make an about-face and give you the same deal.

It's not clear whether you're required to take Tokyopop's copycat deal, but it kind of sounds that way.

AFTER THE EXCLUSIVE PERIOD OF THIS PACT ENDS
Once the Exclusive Period ends and even if you and we haven’t entered into an Original Property Agreement, we’ll still have the worldwide right, continuing forever, to publish the Manga Pilot on a non-exclusive basis.

If you realize that this means Tokyopop can continue making money from different versions of your 24-36 page comic (books, magazines, ipods, online advertising, whatever), while giving you 0% of that money, congratulations. You're correct.

SPEAKING FREELY ABOUT THIS PACT
A lot of contracts prohibit you from discussing the terms of the contract (or even the fact that you signed one) and limit your right to publicly talk about your Project. We don’t have that kind of provision in this pact. We want you to talk up the Project, the Manga Pilot, and what you and we are doing together. We think shameless self-promotion is great.

They think shameless everything is great.

Listen to me: there are so many ways of getting your comics read by people. You can print them up on a photocopier, sell them at your local comic shop / record shop / independent bookstore. You can put them on the Internet - I believe you're all familiar with this invention. It costs very little and takes away none of your rights. Many of my good friends make their living entirely from having comics on the web. You don't need this.

Just because they publish Beck doesn't mean they're cool.

I don't normally get into these discussions, but I am really sick of this twisted, evil corporate garbage.