Web novel and webtoon publishing contract drafting and revisions

Procedure

Procedure

1. 01

   1. Identify the type of contract and the scope of rights — First check whether the contract you received transfers economic rights, establishes an exclusive publication right or publication right, or grants permission to use the work. An exclusive publication right can be established separately as long as the methods and conditions of publication do not overlap (Copyright Act, Article 57, Paragraph 2), so check whether print books, e-books and web serialization are separated by medium and scope. A right to use obtained by permission cannot be transferred to a third party without the consent of the holder of the economic rights (Article 46, Paragraph 3).

2. 02

   2. Compare with the standard contract clause by clause — Place the standard contract for publishing or cartoons next to the draft and mark how the term and renewal, revenue share rate and settlement cycle, authority to create derivative works, right of first negotiation for the next work, serialization obligations and termination conditions differ. Forcing unfair contract terms on an artist by using a superior position, or refusing or delaying a fair share of revenue, is an unfair practice prohibited by Article 13 of the Act on the Guarantee of Artists' Status and Rights, and Article 9, Paragraph 1 of the Cartoons Promotion Act prohibits a cartoon business operator from demanding a one-sided transfer of intellectual property rights.

3. 03

   3. Check the term, derivative work and publication obligation clauses — Unless otherwise agreed, an exclusive publication right lasts 3 years from the date of first publication (5 years for making a visual work), so if the draft sets a longer term or automatic renewal, check whether the term and the method of giving notice of termination are written down. Even when all economic rights are transferred, the right to create derivative works is presumed not to be included unless otherwise agreed (Article 45, Paragraph 2), so look for wording that broadly hands over secondary uses such as dramas, games or merchandise. Also check whether a publication deadline different from publication within 9 months of receiving the manuscript (Article 58, Paragraph 1) has been set.

4. 04

   4. Write the revision proposal — For each clause to change, prepare a revision proposal that sets the current wording, the wording based on the standard contract and the reason for the change side by side. If the contract is a cultural and artistic service contract, such as one that commissions the writing of serialized manuscripts, write new wording for any missing items that Article 4-4, Paragraph 2 of the Artists' Welfare Act requires in the contract: contract amount, contract term, renewal, amendment and termination, rights and obligations of the parties, scope of the service, revenue sharing, and dispute resolution.

5. 05

   5. Signing, keeping and registering the contract — The parties sign or affix their names and seals to the agreed final version and each keeps a copy. A cultural and artistic planning business operator must keep the signed contract for 3 years (Artists' Welfare Act, Article 5-2), and the establishment of an exclusive publication right or publication right, or a transfer of economic rights, cannot be asserted against a third party unless registered (Copyright Act, Article 54), so prepare a registration application as well when needed.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Fees & official charges

Fees & official charges

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and responses to up to two supplement requests.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Basic documents

Basic documents

Contract clauses must be revised before signing. After signing, it is difficult to change clauses without the other party's consent, so start comparing with the standard contract as soon as you receive the draft. An exclusive publication right cannot be asserted against a third party unless its establishment is registered (Copyright Act, Article 54). When contracting the same work separately by medium, check that the medium and term do not overlap with an earlier contract.