WEBVTT

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WEBTOON Basics
Copyright and Contracts for Webtoon Artists

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GCC Academy

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Webtoon artists

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and aspiring webtoon artists

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Hello

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I'm here today to explain

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the basics of copyright contracts related to webtoons

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I am attorney Kim Seong-joo

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Hello everyone

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Everyone

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Please take a look at the photo I'm showing you now

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This is a picture of the warm-up exercises we must do

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before swimming

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Skipping warm-ups

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won't get you banned from the pool

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But entering the water without warming up

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can cause muscle cramps

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Hypothermia

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Or even serious conditions like cardiac arrest

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That's why swimming instructors always emphasize

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before getting into the water

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The content of today’s lecture

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can be seen as a warm-up exercise

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similar to the stretches you do before jumping into a swimming pool

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As you pursue a career

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as a webtoon artist

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You can still work

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without knowing these details

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However, to prevent potential issues that may arise

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Understanding at least

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the basic rights

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related to your creations is essential

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In June of this year, the Ministry of Culture, Sports, and Tourism

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revised and published the standard contract for the comics and webtoon industry

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To make these revisions

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Creators, business operators, and legal professionals

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in the field came together

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Putting their heads together and working hard

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Since this contract was carefully crafted with great effort

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I’ll explain its key terms

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and essential articles

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in today’s lecture

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The revised standard contracts

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are divided into eight main types

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These include: Publishing Rights Agreement

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E-Book Publishing Agreement

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Webtoon Serialization Agreement

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Comic Copyright Agency Agreement

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Co-Author Agreement

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Project-Based Comic Agreement

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Secondary Work License Agreement

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Secondary Work Transfer Agreement

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There are these eight contracts

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I’d like to discuss each of these contracts in detail

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Unfortunately, the time for this lecture

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is a bit too limited for that

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Instead, I’ll focus on

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the common and essential articles

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you need to be aware of

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after debuting as a webtoon artist

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Let’s get started

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Author and Copyright Holder

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Everyone, first

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One key legal term runs through all the revised standard contracts

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we mentioned earlier

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It’s a term that every webtoon artist

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must understand

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Copyright

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The contracts we’ll discuss today are

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defining how copyright is used, licensed

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transferred, or shared

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These are contracts that determine these things

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Now, we need to understand the basic concept

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related to copyright

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First, there is the concept of a Work

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In Korea, we have the Copyright Act

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which defines what constitutes a work

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This law defines a work as

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A creative production that expresses human thoughts and emotions

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It's written like this

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First, humans are the creators of works

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Second, the work must be related to thoughts conceived by the mind

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and emotions felt by the heart

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Third, and most importantly

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These thoughts and emotions must be expressed

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Now, if you keep your thoughts and feelings to yourself

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without expressing them

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Can they be considered work?

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The answer is no

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Therefore, when and how you

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express your thoughts and emotions

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becomes a key factor in determining

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whether something qualifies as a work

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So, what is an Author?

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An author refers to

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the person who creates a work

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Since a human must create a work

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The author is naturally the human who created the work

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Now

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These days, creative work using artificial intelligence is rising

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Let me ask you a question

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You know, AI, artificial intelligence is so famous

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Can an artwork created by AI

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be considered a work under copyright law?

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As I mentioned earlier

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humans must make creative works

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to be considered a work

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Therefore, even if an AI-generated piece shows creativity

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It is difficult to recognize it as a work under current copyright law

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So, what is Copyright?

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Copyright refers to

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the exclusive personal and property right of an author to use their work

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Or to authorize, license

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or transfer its use to others

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This is what we call as copyright

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In Korea

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The Copyright Act protects these rights

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The comics and webtoons you create

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express your thoughts and emotions through text and illustrations

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Therefore, comics and webtoons are considered works

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These works are protected and utilized

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through the rights granted by the copyright

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You can understand it this way

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Let’s dive deeper

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Let's look at the Webtoon Serialization Agreement

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from the standard contracts

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One important term

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that appears in this agreement is Exclusive Publication Right

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First, let’s break down the meaning of "exclusive"

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This means that no one can use copyrighted work

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without permission

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from the rights holder

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The Publishing Agreement in the standard contract

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explains what exclusive rights mean

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According to the standard contract, when a copyright holder

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grants publication rights to a publisher

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Even the copyright holders

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cannot publish

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the same or a similar work

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independently

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or through a third party

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This is because the publisher has already granted

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exclusive publication rights

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Once exclusive rights are granted

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even the copyright holder cannot freely use the work

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making it a fairly strong legal right

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Therefore, from the copyright holder’s perspective

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It's crucial to carefully evaluate

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whether the publisher is

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trustworthy and reliable

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before signing such an agreement

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On the other hand, the publisher must fully understand the meaning of this right

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and ensure that the copyright holder doesn’t grant the same rights to a third party

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which could lead to legal disputes

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So, what is an Exclusive Publication Right?

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Simply put, it's the right for a business to

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serialize a webtoon on its platform

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While preventing the same webtoon from being serialized on other platforms

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You can understand it this way

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From the business's perspective, this can be considered

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a necessary contractual right

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However, granting exclusive publication rights

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isn't always required

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Let's consider non-exclusive serialization

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This allows a webtoon to be serialized

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on multiple platforms simultaneously

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In such cases

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Granting exclusive publication rights would be inappropriate

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Instead, the appropriate right to grant would be

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the Non-Exclusive Reproduction and Transmission Right

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One of the revised standard contracts

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is the Co-Author Agreement

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This contract is used

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when multiple creators

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collaborate to produce a comic or webtoon

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In the past, a single creator

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often handled both writing and illustrating

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However, the webtoon production process

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has become increasingly specialized

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So, the roles of writers and illustrators are divided

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In some cases, handling storyboarding, backgrounds, and coloring

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The process becomes even more specialized

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when making a work

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The Co-Author Agreement

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is intended for creators

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working in this collaborative webtoon production system

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Interestingly, the Co-Author Agreement

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is unique in that it uses the term Author

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unlike other standard contracts

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It’s the same term we explained earlier

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when explaining the concept of copyright

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Interestingly, standard contracts

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such as the Webtoon Serialization Agreement, Copyright Agency Agreement

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and Publishing Rights Agreement

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all use the term Copyright Holder

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In contrast, the Co-Author Agreement

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explicitly uses the term Author

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Why is that?

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As explained earlier, an Author

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refers to the person who creates the work

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For example, someone who draws a comic by hand

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In this context, many of you listening to this lecture

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would be considered authors of your works

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In contrast, a Copyright Holder is the person who owns the copyright

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Copyright refers to the personal and property rights

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that allow the author

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to use their work

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or authorize others to use it exclusively

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I mentioned it earlier

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Those who hold these rights

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are called copyright holders

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Copyright is divided into Moral Rights and Economic Rights

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According to the Copyright Act

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Economic Rights can be transferred

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in whole or part

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This means that economic rights are not exclusively reserved for the author

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If these rights are transferred

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the recipient becomes the work's

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Copyright Holder

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Some of you

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may serialize your creations on a platform

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as independent webtoon artists

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Others may prefer working at a studio or company

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creating webtoons as a team

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There’s no definitive answer as to

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which is better or more advantageous

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As various creative environments have emerged in the webtoon industry

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Not only the model where a single creator handles both writing and illustrating

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for platform serialization

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But also a division of labor across different stages of webtoon creation

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and employment at studios that plan and produce webtoons

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while providing creators with a salary

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The Copyright Act defines

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the concept of Work Made for Hire

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to determine who holds the rights

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to work created within a company

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Let’s take a quick look at the Copyright Act

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According to Article 2, Section 31 of the Copyright Act

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A work made for hire refers to a work created by an individual engaged

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in the business of a corporation, organization, or other employer

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under its planning and direction

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In simpler terms

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If a creator employed by a company receives a salary

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and produces creative work

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that work is considered a Work Made for Hire

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So, who is considered the author

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of a Work Made for Hire?

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Article 9 of the Copyright Act

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provides the answer

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It states that if a work made for hire is published under the name of a corporation or organization

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The corporation or organization becomes the author

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unless otherwise specified by a contract or employment rules

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In other words, unless specified

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Te copyright for works created by creators

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employed by a company or studio

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belongs to the company or studio

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Does this necessarily disadvantage creators?

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Not necessarily

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According to artists' tendency

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Some may prefer working for a company, receiving a stable salary

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social insurance, paid leave

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and severance benefits

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On the other hand, some may

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choose to work independently, create works on their own

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and enter contracts with companies for serialization

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and revenue sharing

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The important point is that

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who holds the copyright

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depends on the type of contract

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It’s crucial for creators to understand this clearly

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So far, we’ve covered the difference between Author and Copyright Holder

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and who owns the copyright in the case of

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Work Made for Hire

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Now, let’s move on to

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the concept of Co-Authors

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and closely examine the relevant contract terms

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Let me ask you a question

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Suppose someone approaches you after seeing a comic character you created and says

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I'd like to use

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this character for my business

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I believe I can make a lot of money with it

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00:15:53.919 --> 00:15:55.640
If I use this character

283
00:15:55.640 --> 00:15:59.200
it will benefit you, too

284
00:15:59.200 --> 00:16:02.719
However, to run this business

285
00:16:02.719 --> 00:16:06.634
I need to be recognized as

286
00:16:06.634 --> 00:16:10.400
a legitimate rights holder of the character

287
00:16:10.400 --> 00:16:13.960
This person then asks

288
00:16:13.960 --> 00:16:16.679
to be registered as a co-author

289
00:16:16.679 --> 00:16:19.679
of your comic character

290
00:16:19.679 --> 00:16:24.359
How would you respond to such a request?

291
00:16:24.359 --> 00:16:30.039
First, we previously discussed what an Author is

292
00:16:30.039 --> 00:16:32.640
According to the explanation I provided earlier

293
00:16:32.640 --> 00:16:36.840
An author creates the work

294
00:16:36.840 --> 00:16:42.479
In this case, the person in question intends to commercialize a created character

295
00:16:42.479 --> 00:16:46.479
but did not create the character themselves

296
00:16:46.479 --> 00:16:50.479
Therefore, since they are not the author

297
00:16:50.479 --> 00:16:54.960
Their request to be registered as a co-author

298
00:16:54.960 --> 00:16:57.400
would be considered unjustified

299
00:16:57.781 --> 00:17:01.726
Derivative Works, Transfer, and Licensing

300
00:17:02.280 --> 00:17:04.760
The revised standard contracts have

301
00:17:04.760 --> 00:17:08.479
The Derivative Work License Agreement

302
00:17:08.479 --> 00:17:13.359
and the Derivative Work Transfer Agreement

303
00:17:13.359 --> 00:17:17.719
The comics and webtoons you create

304
00:17:17.719 --> 00:17:22.400
are no longer limited to their original forms

305
00:17:22.400 --> 00:17:24.459
Those works are

306
00:17:24.459 --> 00:17:28.319
serialized globally and translated

307
00:17:28.319 --> 00:17:31.069
and adapted into films

308
00:17:31.069 --> 00:17:35.880
dramas, plays, and musicals

309
00:17:35.880 --> 00:17:38.930
Under the Copyright Act

310
00:17:38.930 --> 00:17:42.560
such adaptations are referred to as Derivative Works

311
00:17:42.560 --> 00:17:44.640
Let’s take a look at the Copyright Act

312
00:17:44.640 --> 00:17:49.079
According to Article 5, a Derivative Work is

313
00:17:49.079 --> 00:17:55.000
defined as a creative work produced by translating, arranging, transforming, adapting, or producing a film

314
00:17:55.000 --> 00:17:58.280
or through other methods based on an origin

315
00:17:58.280 --> 00:18:00.079
It's prescribed like this

316
00:18:00.079 --> 00:18:03.279
The law also states that derivative works

317
00:18:03.279 --> 00:18:07.119
are independently protected from the original work

318
00:18:07.119 --> 00:18:10.640
These days, many movies and dramas

319
00:18:10.640 --> 00:18:13.290
are based on

320
00:18:13.290 --> 00:18:16.439
webtoon originals

321
00:18:16.439 --> 00:18:20.520
Some examples that come to mind include

322
00:18:20.520 --> 00:18:23.570
The dramas 'Misaeng'

323
00:18:23.570 --> 00:18:27.040
and 'Itaewon Class'

324
00:18:27.040 --> 00:18:31.760
And the film 'Along with the Gods'

325
00:18:31.760 --> 00:18:35.610
More recently, there was

326
00:18:35.610 --> 00:18:38.800
the OTT drama 'Moving'

327
00:18:38.800 --> 00:18:42.082
Even games are included

328
00:18:42.082 --> 00:18:44.839
For instance, the famous game 'Lineage'

329
00:18:44.839 --> 00:18:47.339
This is

330
00:18:47.339 --> 00:18:50.719
originally based on a comic

331
00:18:50.719 --> 00:18:55.040
In this way, comics and webtoons go beyond their original formats

332
00:18:55.040 --> 00:18:58.640
transforming into new types of content

333
00:18:58.640 --> 00:19:01.940
that attract a broader audience

334
00:19:01.940 --> 00:19:06.139
Movies, games, and dramas based on webtoons

335
00:19:06.139 --> 00:19:10.317
are the core focus of this session's contracts

336
00:19:10.317 --> 00:19:12.733
Derivative Works

337
00:19:12.733 --> 00:19:17.277
The right to create derivative works is called

338
00:19:17.277 --> 00:19:22.109
the Right of Derivative Work Creation

339
00:19:22.109 --> 00:19:26.000
The two standard contracts related to derivative works

340
00:19:26.000 --> 00:19:28.000
may seem similar

341
00:19:28.000 --> 00:19:31.802
but are distinctly different

342
00:19:31.802 --> 00:19:36.673
One is the Derivative Work License Agreement

343
00:19:36.673 --> 00:19:41.634
and the other is the Derivative Work Transfer Agreement

344
00:19:41.634 --> 00:19:44.683
Both deal with derivative works

345
00:19:44.683 --> 00:19:48.980
But one involves licensing, while the other involves transferring rights

346
00:19:48.980 --> 00:19:53.841
What are the differences between these two?

347
00:19:53.841 --> 00:19:58.366
Understanding the difference between licensing and transferring is crucial

348
00:19:58.366 --> 00:20:04.406
The terms are quite self-explanatory

349
00:20:04.406 --> 00:20:08.000
Let’s start with Transfer

350
00:20:08.000 --> 00:20:11.881
Transfer means handing over

351
00:20:11.881 --> 00:20:15.297
The ownership of the rights

352
00:20:15.297 --> 00:20:18.228
completely shifts to the other party

353
00:20:18.228 --> 00:20:23.723
If you transfer your copyright, you are no longer the rights holder

354
00:20:23.723 --> 00:20:26.772
The recipient becomes the new copyright holder

355
00:20:26.772 --> 00:20:29.122
On the other hand, Licensing

356
00:20:29.122 --> 00:20:34.178
means granting permission

357
00:20:34.178 --> 00:20:38.188
The rights holder allows the other party

358
00:20:38.188 --> 00:20:42.970
to use the work under specific conditions while retaining ownership of the rights

359
00:20:42.970 --> 00:20:44.643
In this case

360
00:20:44.643 --> 00:20:48.822
The licensee is only authorized to use the work

361
00:20:48.822 --> 00:20:53.010
while the rights holder remains the original owner

362
00:20:53.010 --> 00:20:55.160
I often compare this

363
00:20:55.160 --> 00:20:58.228
to real estate contracts for easier understanding

364
00:20:58.228 --> 00:21:01.822
Transfer is like selling a property

365
00:21:01.822 --> 00:21:06.000
While Licensing is similar to renting or leasing a property

366
00:21:06.000 --> 00:21:08.550
This analogy might help you

367
00:21:08.550 --> 00:21:10.693
grasp the concept more quickly

368
00:21:10.693 --> 00:21:14.772
The distinction becomes clear when looking at the standard contracts

369
00:21:14.772 --> 00:21:19.148
The License Agreement is labeled

370
00:21:19.148 --> 00:21:21.000
"License for the Right to Create Derivative Works"

371
00:21:21.000 --> 00:21:24.700
The Transfer Agreement is labeled

372
00:21:24.700 --> 00:21:26.653
"Transfer of the Right to Create Derivative Works"

373
00:21:26.653 --> 00:21:30.000
Since the terms are differentiated

374
00:21:30.000 --> 00:21:32.300
When using standard contracts

375
00:21:32.300 --> 00:21:35.436
There's little room for misunderstanding

376
00:21:35.436 --> 00:21:38.986
As long as you understand the concepts of licensing and transfer

377
00:21:38.986 --> 00:21:41.465
that I just explained

378
00:21:41.465 --> 00:21:43.560
However, everyone

379
00:21:43.560 --> 00:21:48.000
using the standard contract is not mandatory

380
00:21:48.000 --> 00:21:50.600
So, if you enter into a contract

381
00:21:50.600 --> 00:21:53.703
with a company that doesn’t use it

382
00:21:53.703 --> 00:21:59.475
You might encounter agreements where terms like

383
00:21:59.475 --> 00:22:02.792
License or Transfer are not clearly specified

384
00:22:02.792 --> 00:22:05.500
In such cases

385
00:22:05.500 --> 00:22:09.148
How can you tell the difference between the two?

386
00:22:09.148 --> 00:22:12.000
From my experience reviewing various contracts

387
00:22:12.000 --> 00:22:14.990
When you look at contracts

388
00:22:15.228 --> 00:22:19.228
You'll often see terms like "Assignment of Rights"

389
00:22:19.228 --> 00:22:22.416
If you come across this phrase

390
00:22:22.416 --> 00:22:26.505
It typically indicates Transfer

391
00:22:26.505 --> 00:22:28.555
As "assignment"

392
00:22:28.555 --> 00:22:32.505
implies that the rights

393
00:22:32.505 --> 00:22:36.168
fully belong to someone else

394
00:22:36.168 --> 00:22:38.618
On the other hand

395
00:22:38.618 --> 00:22:43.020
terms like "Grant of Rights" are commonly used, too

396
00:22:43.020 --> 00:22:45.465
This phrase likely indicates

397
00:22:45.465 --> 00:22:49.683
Licensing

398
00:22:49.683 --> 00:22:55.436
As "granting" means allowing someone

399
00:22:55.436 --> 00:22:58.782
to use the rights

400
00:22:58.782 --> 00:23:03.336
So, what’s the best approach?

401
00:23:03.336 --> 00:23:06.327
Don’t struggle alone

402
00:23:06.327 --> 00:23:08.297
Just ask

403
00:23:08.297 --> 00:23:12.881
Directly ask the other party presenting the contract

404
00:23:12.881 --> 00:23:18.000
Is this a license agreement

405
00:23:18.000 --> 00:23:20.643
or a transfer agreement?

406
00:23:20.643 --> 00:23:22.376
Being straightforward

407
00:23:22.376 --> 00:23:26.445
and getting a clear answer is the simplest way

408
00:23:26.445 --> 00:23:30.000
Then, consult a professional

409
00:23:30.000 --> 00:23:34.000
By combining the other party’s response with a legal expert’s interpretation

410
00:23:34.000 --> 00:23:37.376
You'll hardly ever be confused about

411
00:23:37.376 --> 00:23:41.129
whether the contract involves

412
00:23:41.129 --> 00:23:44.000
licensing or transfer of copyright

413
00:23:44.314 --> 00:23:48.264
Contract Cancellation and Termination

414
00:23:49.000 --> 00:23:52.549
Let’s look at the provisions related to

415
00:23:52.549 --> 00:23:55.168
Contract Cancellation and Termination

416
00:23:55.168 --> 00:23:58.000
Conflicts can arise at any stage

417
00:23:58.000 --> 00:24:01.000
of the contract process

418
00:24:01.000 --> 00:24:04.750
Disagreements may occur if one party

419
00:24:04.750 --> 00:24:07.109
fails to fulfill the agreed terms

420
00:24:07.109 --> 00:24:09.809
or there are misunderstandings

421
00:24:09.809 --> 00:24:12.297
about mutual obligations

422
00:24:12.297 --> 00:24:17.574
Unfortunately, these conflicts can sometimes

423
00:24:17.574 --> 00:24:23.000
lead to the premature end of a contract

424
00:24:23.000 --> 00:24:27.238
While such situations should be avoided whenever possible

425
00:24:27.238 --> 00:24:30.911
They are not uncommon

426
00:24:30.911 --> 00:24:33.109
The provisions you see here

427
00:24:33.109 --> 00:24:38.000
outline the criteria and conditions for ending the contract

428
00:24:38.000 --> 00:24:41.555
when both parties must part ways before fulfilling their obligations

429
00:24:41.555 --> 00:24:46.792
This is the Contract Termination or Cancellation article

430
00:24:46.792 --> 00:24:49.336
Termination and Cancellation

431
00:24:49.336 --> 00:24:52.832
It's a subtle difference

432
00:24:52.832 --> 00:24:58.673
What is the difference between termination and cancellation?

433
00:24:58.673 --> 00:25:01.873
Comparing these concepts

434
00:25:01.873 --> 00:25:04.515
to a breakup is

435
00:25:04.515 --> 00:25:06.544
the most intuitive explanation

436
00:25:06.544 --> 00:25:09.871
Both involve ending a relationship

437
00:25:09.871 --> 00:25:12.861
But if we compare it to marriage

438
00:25:12.861 --> 00:25:16.161
Cancellation is like annulment

439
00:25:16.161 --> 00:25:20.317
You can see like that

440
00:25:20.317 --> 00:25:23.017
Meaning the marriage

441
00:25:23.017 --> 00:25:25.812
is considered invalid from the start

442
00:25:25.812 --> 00:25:29.337
It’s as if the relationship never existed

443
00:25:29.337 --> 00:25:33.178
so the parties have no ongoing obligations

444
00:25:33.178 --> 00:25:38.257
However, if something has already been exchanged

445
00:25:38.257 --> 00:25:42.851
both parties must restore things to their original state

446
00:25:42.851 --> 00:25:46.475
For example, if a Derivative Work Creation Agreement

447
00:25:46.475 --> 00:25:49.436
was canceled

448
00:25:49.436 --> 00:25:51.836
The creator must return

449
00:25:51.836 --> 00:25:54.624
any payments

450
00:25:54.624 --> 00:25:58.257
received from the company

451
00:25:58.257 --> 00:26:02.485
Similarly, the company must return the original manuscript or any related materials

452
00:26:02.485 --> 00:26:05.129
received from the creator

453
00:26:05.129 --> 00:26:09.198
If the company had business plans for the derivative work

454
00:26:09.198 --> 00:26:12.832
Those plans must also be withdrawn

455
00:26:12.832 --> 00:26:15.653
Then, what is termination?

456
00:26:15.653 --> 00:26:18.753
Termination is like a divorce

457
00:26:18.753 --> 00:26:20.153
in a marriage

458
00:26:20.153 --> 00:26:23.000
You can understand it this way

459
00:26:23.000 --> 00:26:25.700
The couple had already held a wedding

460
00:26:25.700 --> 00:26:28.000
Made promises

461
00:26:28.000 --> 00:26:30.750
Moved in together

462
00:26:30.750 --> 00:26:33.000
and maybe even had children

463
00:26:33.000 --> 00:26:35.050
However, they might decide to part ways

464
00:26:35.050 --> 00:26:38.000
if things don't work out

465
00:26:38.000 --> 00:26:41.000
But does divorce

466
00:26:41.000 --> 00:26:44.150
erase everything that happened

467
00:26:44.150 --> 00:26:46.000
during the marriage?

468
00:26:46.000 --> 00:26:48.000
No, it doesn't

469
00:26:48.000 --> 00:26:50.600
For example, if they bought a house together

470
00:26:50.600 --> 00:26:54.000
They need to decide how to split or manage it

471
00:26:54.000 --> 00:26:56.297
If they have children

472
00:26:56.297 --> 00:26:58.347
They must agree on custody

473
00:26:58.347 --> 00:27:01.554
and parenting arrangements moving forward

474
00:27:01.554 --> 00:27:04.208
Similarly, in a contract termination

475
00:27:04.208 --> 00:27:06.808
all rights and obligations

476
00:27:06.808 --> 00:27:09.822
up until the termination remain valid

477
00:27:09.822 --> 00:27:12.584
They are not treated as if they never existed

478
00:27:12.584 --> 00:27:16.911
However, from the point of termination onward both parties are no longer bound

479
00:27:16.911 --> 00:27:21.535
and have no further obligations to each other

480
00:27:21.535 --> 00:27:23.685
Now that we understand the conceptual difference

481
00:27:23.685 --> 00:27:27.455
Let's examine the Cancellation and Termination articles

482
00:27:27.455 --> 00:27:29.605
The recently revised standard contracts

483
00:27:29.605 --> 00:27:34.366
all include these articles

484
00:27:34.366 --> 00:27:36.966
Because they are considered essential provisions

485
00:27:36.966 --> 00:27:39.673
in any contract

486
00:27:39.673 --> 00:27:42.323
However, neither cancellation nor termination

487
00:27:42.323 --> 00:27:45.762
can be done at will

488
00:27:45.762 --> 00:27:50.089
Can you break off a contract just because you don’t like how things are going?

489
00:27:50.089 --> 00:27:51.455
No

490
00:27:51.455 --> 00:27:54.655
Promises can’t be overturned

491
00:27:54.655 --> 00:27:57.010
as easily as flipping a coin

492
00:27:57.010 --> 00:28:01.327
That’s why, if you review the cancellation and termination articles

493
00:28:01.327 --> 00:28:05.614
You'll see that when one party is found to be in breach of contract

494
00:28:05.614 --> 00:28:07.714
The other party must set a specific period

495
00:28:07.714 --> 00:28:11.604
and formally request compliance with the contract terms

496
00:28:11.604 --> 00:28:14.654
Cancellation or termination becomes legally permissible

497
00:28:14.654 --> 00:28:18.138
if the breaching party

498
00:28:18.138 --> 00:28:23.277
fails to comply even after this request

499
00:28:23.277 --> 00:28:26.455
According to the relevant provisions in the standard contract

500
00:28:26.455 --> 00:28:29.426
The party seeking cancellation or termination

501
00:28:29.426 --> 00:28:32.626
may do so before

502
00:28:32.626 --> 00:28:36.653
the contract is executed

503
00:28:36.653 --> 00:28:40.503
While only termination is allowed after

504
00:28:40.503 --> 00:28:42.000
the contract has commenced

505
00:28:42.000 --> 00:28:48.059
Why distinguish between before and after execution?

506
00:28:48.059 --> 00:28:53.535
This is due to the difference between cancellation and termination

507
00:28:53.535 --> 00:28:58.782
The contract can be terminated

508
00:28:58.782 --> 00:29:03.482
or canceled before execution since canceling it means voiding it

509
00:29:03.482 --> 00:29:07.000
as if it never existed

510
00:29:07.000 --> 00:29:11.812
However, after execution

511
00:29:11.812 --> 00:29:14.512
The contract has already taken effect

512
00:29:14.512 --> 00:29:18.089
And rights and obligations have been established

513
00:29:18.089 --> 00:29:23.148
Therefore, the contract structure is designed to prefer termination

514
00:29:23.148 --> 00:29:25.698
over cancellation

515
00:29:25.698 --> 00:29:28.445
after execution has begun

516
00:29:28.445 --> 00:29:32.178
Termination ends the contractual relationship moving forward

517
00:29:32.178 --> 00:29:36.406
even if rights and obligations have already been established

518
00:29:36.406 --> 00:29:40.306
Of course, cancellation is impossible after execution?

519
00:29:40.306 --> 00:29:42.148
No

520
00:29:42.148 --> 00:29:45.648
Under civil law and other relevant legal provisions

521
00:29:45.648 --> 00:29:48.663
cancellation can still be exercised

522
00:29:48.663 --> 00:29:51.863
Additionally, if both parties mutually agree

523
00:29:51.863 --> 00:29:56.940
the right of cancellation may be exercised even after the contract has commenced

524
00:29:56.940 --> 00:29:59.640
This shows that ending a contract

525
00:29:59.640 --> 00:30:01.931
is not something to be taken lightly

526
00:30:01.931 --> 00:30:05.980
The procedures and conditions involved can be quite complex

527
00:30:05.980 --> 00:30:08.871
The key takeaway is that

528
00:30:08.871 --> 00:30:11.471
Once a contract is signed, it is difficult to reverse

529
00:30:11.471 --> 00:30:15.000
or terminate halfway through

530
00:30:15.000 --> 00:30:16.366
Therefore

531
00:30:16.366 --> 00:30:19.525
It's essential to carefully review the standard contract terms

532
00:30:19.525 --> 00:30:25.307
and approach the contract process cautiously

533
00:30:25.307 --> 00:30:28.607
Confidentiality articles

534
00:30:28.607 --> 00:30:30.535
are commonly found in contracts

535
00:30:30.535 --> 00:30:34.535
Emphasizing the importance of keeping shared information

536
00:30:34.535 --> 00:30:38.772
private between the contracting parties

537
00:30:38.772 --> 00:30:42.574
Let's take a look at one thing

538
00:30:42.574 --> 00:30:45.614
The "Confidential"

539
00:30:45.614 --> 00:30:49.000
What exactly does "confidential" mean in this context?

540
00:30:49.000 --> 00:30:52.356
Is it as simple as saying

541
00:30:52.356 --> 00:30:56.356
"Shh, this is a secret"?

542
00:30:56.356 --> 00:30:58.634
No, it's not that straightforward

543
00:30:58.634 --> 00:31:02.634
According to the Supreme Court

544
00:31:02.634 --> 00:31:05.247
confidential information in a confidentiality article

545
00:31:05.247 --> 00:31:07.663
Refers to:

546
00:31:07.663 --> 00:31:11.113
Any information related to business activities that gains an advantage

547
00:31:11.113 --> 00:31:14.267
by not being disclosed to others

548
00:31:14.267 --> 00:31:17.247
The determination should be made carefully

549
00:31:17.247 --> 00:31:21.465
based on whether its disclosure

550
00:31:21.465 --> 00:31:24.317
would objectively hinder the fair conduct of business

551
00:31:24.317 --> 00:31:27.643
That's how the Supreme Court sees

552
00:31:27.643 --> 00:31:32.911
So, would contract terms that creators receive from companies

553
00:31:32.911 --> 00:31:37.368
Such as specific MG amounts

554
00:31:37.368 --> 00:31:39.541
or revenue-sharing ratios

555
00:31:39.541 --> 00:31:45.033
be considered confidential information?

556
00:31:45.033 --> 00:31:48.792
I believe there’s a high possibility they would

557
00:31:48.792 --> 00:31:53.099
Suppose one artist's MG is 1 million KRW

558
00:31:53.099 --> 00:31:56.099
while another's MG is 1.5 million KRW

559
00:31:56.099 --> 00:31:58.000
Let’s say such contracts exist

560
00:31:58.000 --> 00:32:01.366
If such contract terms were disclosed

561
00:32:01.366 --> 00:32:06.525
The company would be disadvantaged during negotiations

562
00:32:06.525 --> 00:32:09.775
However, if the company discloses such information

563
00:32:09.775 --> 00:32:12.277
through media or public announcements

564
00:32:12.277 --> 00:32:15.940
It likely wouldn’t be considered confidential

565
00:32:15.940 --> 00:32:19.297
But if artists share undisclosed terms

566
00:32:19.297 --> 00:32:23.802
on platforms like social media

567
00:32:23.802 --> 00:32:27.832
This could constitute a breach of confidentiality

568
00:32:27.832 --> 00:32:30.158
So, you should be careful

569
00:32:30.158 --> 00:32:36.594
However, consulting legal professionals, organizations

570
00:32:36.594 --> 00:32:39.525
or associations for legal advice

571
00:32:39.525 --> 00:32:43.455
or providing relevant information to investigative authorities

572
00:32:43.455 --> 00:32:45.653
during legal proceedings

573
00:32:45.653 --> 00:32:50.376
would be considered exceptions to confidentiality obligations

574
00:32:50.376 --> 00:32:53.673
Therefore, such actions would not be regarded

575
00:32:53.673 --> 00:32:57.544
as a breach of confidentiality

576
00:32:57.544 --> 00:33:01.257
The revised standard contracts clearly specify

577
00:33:01.257 --> 00:33:05.406
exceptions to confidentiality obligations

578
00:33:05.406 --> 00:33:09.317
is a notable feature

579
00:33:09.317 --> 00:33:13.238
We’ve now reviewed some key aspects

580
00:33:13.238 --> 00:33:16.584
of standard contracts and copyrights

581
00:33:16.584 --> 00:33:19.257
As I mentioned

582
00:33:19.257 --> 00:33:23.139
Understanding contracts and copyrights

583
00:33:23.139 --> 00:33:28.000
is like learning warm-up exercises

584
00:33:28.000 --> 00:33:31.416
I want to emphasize that

585
00:33:31.416 --> 00:33:35.148
knowing the key terms of contracts and understanding copyright

586
00:33:35.148 --> 00:33:38.000
is really crucial

587
00:33:38.000 --> 00:33:41.515
Does a lack of understanding of contract terms

588
00:33:41.515 --> 00:33:45.000
or copyright concepts

589
00:33:45.000 --> 00:33:47.604
mean you can’t sign a contract?

590
00:33:47.604 --> 00:33:50.000
No, it doesn't

591
00:33:50.000 --> 00:33:52.604
As adults

592
00:33:52.604 --> 00:33:56.297
You can enter contracts independently

593
00:33:56.297 --> 00:33:58.455
according to the law

594
00:33:58.455 --> 00:34:01.861
However, if you sign a contract

595
00:34:01.861 --> 00:34:04.000
without understanding its key terms

596
00:34:04.000 --> 00:34:07.653
or knowing its rights

597
00:34:07.653 --> 00:34:10.000
and obligation

598
00:34:10.000 --> 00:34:12.000
the likelihood of disputes

599
00:34:12.000 --> 00:34:15.832
or legal issues

600
00:34:15.832 --> 00:34:18.535
arising later significantly increases

601
00:34:18.535 --> 00:34:20.802
The revised standard contracts

602
00:34:20.802 --> 00:34:24.257
provide clear and detailed guidance

603
00:34:24.257 --> 00:34:26.436
on the essential preparations

604
00:34:26.436 --> 00:34:30.138
before starting webtoon creation

605
00:34:30.138 --> 00:34:34.920
I hope this lecture has helped you better understand

606
00:34:34.920 --> 00:34:38.356
copyright, content creation

607
00:34:38.356 --> 00:34:41.752
and webtoon contracts

608
00:34:41.752 --> 00:34:44.000
Thank you for listening until the end

609
00:34:45.101 --> 00:34:46.004
Author and Copyright Holder
Concepts of Work, Author, and Copyright
Work: A creative output that expresses human thoughts and emotions

610
00:34:46.004 --> 00:34:46.996
Author: The person who creates the work
Copyright: The moral and economic rights that allow the creator of a work to exclusively use it or permit others to use, license, or transfer it

611
00:34:46.996 --> 00:34:48.029
Exclusive Publication Right
The right of a platform operator to publish a webtoon exclusively on their platform prevents it from being published on other platforms
Not applicable for multi-platform serialization

612
00:34:48.029 --> 00:34:48.998
Author vs. Copyright Holder
Author is creator of the work and copyright holder owns rights
Economic right isn't exclusive to author, transferable

613
00:34:48.998 --> 00:34:50.044
Work Made for Hire
A work created by an employee under a company’s direction
Unless specified otherwise, the company holds the copyright

614
00:34:50.044 --> 00:34:51.732
Derivative Works, Transfer, Licensing
Derivative Work
A creative work made by transforming based on original work
The right to create derivative works

615
00:34:51.732 --> 00:34:53.382
Transfer & Licensing
Transfer: Ownership of rights shifts to another party
Licensing: Owner allows another party to use the rights under specific term

616
00:34:53.382 --> 00:34:55.024
The standard contract clearly distinguishes between the two terms
If the contract’s terms are unclear, consult both the other party and legal experts

617
00:34:55.024 --> 00:34:56.742
Contract Cancellation vs. Termination
Cancellation
Treated as if the contract never existed
If exchanges occur, both parties must restore

618
00:34:56.742 --> 00:34:58.392
Termination
Rights and obligations remain valid up to the termination point
No obligations exist after termination

619
00:34:58.392 --> 00:35:00.079
A party seeking cancellation or termination may cancel or terminate the contract before its execution, but only termination is allowed after execution