*Paramnesia

[Crossposted in my journal.]

Back in it's early years I looked upon Tokyopop favorably. They were, after all, one of only a few to offer translated manga in your local bookstore. Then they started to branch out into original English language (OEL) and later their Rising Star’s contest I still felt that it could be a good opportunity. Some people are getting good exposure, but times are changing. Their next step in the OEL market is akin to DC comic’s Zuda where you submit a comic, it’s voted upon by the masses, and then you are offered a contract. Maybe.

I’m not clear on the details of Zuda’s policy other than your submission is only eight pages, and as in any contest, both DC’s and TP’s, you go in accepting the possibility that all will be for naught. Your time and effort may get you nothing. So although Tokyopop’s submission is a rather long 24-36 pages "inked, toned, ballooned, and lettered", I don’t have issues with the contest aspect of their Manga Pilot program.

Nor, though it’s irritating, do I think it’s entirely unacceptable that the creator won’t get paid, as in TP’s case, until the project is approved and completed.

[…] please note that whatever amount they're giving you, they aren't giving it to you until they receive and accept your comic […] 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...[1]

The delays suck. The edits and re-edits suck. It’s your creation, but, if comments to the above post are true, Tokyopop may pressure you to change it significantly. If, however, you can tolerate all this, then fine. Some editors and publishers can be very difficult to work with, after all.

What bothers me is their stance on copyright. Here is an excerpt from the Manga Pilot program contract, which, by the way, tries to use a relaxed “yo, dude we’re your friend” tone:

“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.

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.

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.

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.

You do realize what this means, I hope. They don’t have to credit you if, for instance, they decide there isn’t space. And by forfeiting all moral rights that those oh so snooty French thought up they can edit your work without your approval.

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.[…]

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.[1]

For all this work and sacrifice, for giving up your rights is a big sacrifice, what is your monetary compensation? The contract leaves it blank, but one source says the rate was $750, or $20 a page.

“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. … We’ll pay you another Pilot Fee when you deliver and we accept the second Manga Pilot.”

So they can have you do another 24-36 pages for only $750, instead of signing a contract where you get better rates and more rights. $750 for 36 pages = a $20 page rate. $20 for something that can take two days? Not a wonderful deal.

I can see why they wouldn’t give a page rate– everyone would be doing longer stories if they could, adding in extra pages. But $20 for (over) a day’s work is awful. Doing one chapter at that rate is bad enough, but they have the right to request another one with the same pay? [2]

$20 a page from a major publisher like Tokyopop? I’m not the only one who scoffs at that rate – which also, though I'm sure you're all sick of it, makes me bring up once again the falsehood I was told by supposed honest people that £15/page is western industry standard for manga – either. This contract is making the rounds amid the comic book community, and the majority thus far appeal to view it as a vile thing.

More On Terrible Tokyopop Contract
Tokyopop: Hey, dude, totally bad contract!

It’s not to say a deal with Tokyopop is an absolute no-no. If you can live with their terms, and the pros outweigh the cons, go for it. Some have benefited, but perhaps the true test is whether these people are willing to stick with TP or not?

While the practical effect was to throw a hundred new, original concepts on the racks in hopes that something would stick, the net effect was to train a whole generation of cartoonists, including Svetlana Chmakova, Queenie Chan, Rivkah, Felipe Smith, Amy Reeder Hadley, Joanna Estep, Joshua Elder, Ross Campbell, M. Alice LeGrow and dozens more. The OEL contract was never favorable to the creators — who surrendered trademark and copyright in exchange for a low page rate. Back in the day, many of these very young, never before published creators defended the contract as a means to get in print, and it is true that many of these creators are rising stars, but none of them have stuck solely with Tokyopop. There must be a reason for that. [3]

Comics, writing, art are all tough fields to make a living in. The people who manage it are remarkable or very lucky. When you’re feeling down, though, struggling while the subpar seem to get the limelight around you, keep in mind the words of Bryan Lee O'Malley.

I spent years doing the invisible shit work that nobody wants to do. I lettered, I did crappy design work, I did bad inking jobs on other people's fine work. I did not win a contest and I was never an overnight success. The instant-gratification-American-Idol mindset is so sad, so damaging. Everyone I know who's successful got that way by hard work, gradual building of an audience, nonstop hustling, plenty of luck.

I’ll be cheering for y’all.