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xchampion
Joined: 21 Jan 2009
Posts: 370
Location: Idaho Falls, Idaho
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Posted: Fri Jun 29, 2018 3:28 pm
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I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. It seems to me all these problem couldn't all be on Stu Levy and TokyoPop's side. There are always two sides to every story.
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AbZeroNow
Joined: 14 Jan 2013
Posts: 519
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Posted: Fri Jun 29, 2018 3:52 pm
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Anime Expo inviting Stu Levy was always going to be a bad idea. Hopefully AX will allow people to warn potential artists to not enter into any form of contract with Tokyopop due to their history of extremely one-sided contracts that only benefitted Tokyopop.
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KabaKabaFruit
Joined: 20 Sep 2007
Posts: 1902
Location: Winnipeg, Manitoba
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Posted: Fri Jun 29, 2018 4:15 pm
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I expect to see lots of empty chairs during Stu Levy's panel.
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zawa113
Joined: 19 Jan 2008
Posts: 7358
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Posted: Fri Jun 29, 2018 4:44 pm
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I feel rather bad for Natalia Batista, I mean, sure, she would've signed with TP Germany (not sure what their terms are) and then Stu shows up and goes "Hey, TP Germany, we don't have jack to license, yet we inexplicably got Disney on our side! Give us your originals! *yoink*!" But I hope she enjoys her trip to America and enjoys the convention and doesn't let the (well deserved) ire for Stu bleed over to her.
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Vent
Joined: 22 Aug 2009
Posts: 323
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Posted: Fri Jun 29, 2018 5:15 pm
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Holy moley I can't get over how bad that AX response is
There's no way they couldn't have foreseen this being an issue. People are rightfully still mad about Tokyopop a decade later. You can't deflect that with "well look at all the other people we have coming!"
That's not a statement, that's advertisement.
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Wyvern
Joined: 01 Sep 2004
Posts: 1602
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Posted: Fri Jun 29, 2018 5:47 pm
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. |
Most rookie artists can't afford lawyers who can interpret all the tricky language and double-speak in a contract for them. But Levy certainly did.
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thenix
Joined: 18 Apr 2012
Posts: 265
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Posted: Fri Jun 29, 2018 6:54 pm
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So your telling me some people read the contract, said they liked it and signed it, and then later decided they didn't like it and complained about it shifting responsibility off themselves?
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Deacon Blues
Joined: 09 Mar 2005
Posts: 401
Location: Albuquerque, NM
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Posted: Fri Jun 29, 2018 7:12 pm
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. It seems to me all these problem couldn't all be on Stu Levy and TokyoPop's side. There are always two sides to every story. |
The company was run quite poorly from the get go. Issues weren't limited to just their aspiring manga artists, there was also gross translation issues and creative liberties taken with a ton of their "English-language" adaptations. Translators stated that some of their revised translations were often tossed out for first draft versions (an embarrassment at times) and many times the editorial staff just steamrolled with whatever they wanted.
There's no doubt that the practices that TP had with promoting the artists was shady at best, but what other choice did they have to get noticed?
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reanimator
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Posted: Fri Jun 29, 2018 7:30 pm
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I remember my art school had Tokyopop trying to review/recruit portfolio year ago. I was never interested in making comics in general and I feel sorry for students who signed the contract if their portfolio caught Tokyopop's attention.
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nargun
Joined: 29 Mar 2006
Posts: 930
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Posted: Fri Jun 29, 2018 7:31 pm
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Deacon Blues wrote: | There's no doubt that the practices that TP had with promoting the artists was shady at best, but what other choice did they have to get noticed? |
Eh?
Noone's criticising the artists. The problems are all on the other side; the deal shouldn't have been offered, because it cost the business more long- and medium-term than it saved short term, that all Tokyopop's distinctive business choices could be -- and were -- criticised on this basis at the time they were made, and it [and the other problematic decisions from Tokyopop] were only offered because how-to-say-this Stu Levy isn't the sort of person who has a good understanding of how his actions affect the choices others make and didn't, and doesn't, understand that "goodwill" is a capital asset.
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Kougeru
Joined: 13 May 2008
Posts: 5598
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Posted: Fri Jun 29, 2018 8:10 pm
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. It seems to me all these problem couldn't all be on Stu Levy and TokyoPop's side. There are always two sides to every story. |
They almost always phrase things in confusing ways or use words laymen can't understand and don't give you time to find someone that can "translate". Companies take advantage of this and screw over the people truly doing the hard work.
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Stuart Smith
Joined: 13 Jan 2013
Posts: 1298
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Posted: Fri Jun 29, 2018 8:50 pm
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. It seems to me all these problem couldn't all be on Stu Levy and TokyoPop's side. There are always two sides to every story. |
I agree. The American comic industry is nothing like the manga industry. Most American companies own whatever you publish under them, especially the Big Two superheroes. The idea Bob Kane could have sued DC for the rights to Batman and win, thus preventing DC from ever using Batman again is unheard. The only way for that to happen is if it's specifically stated in the original contract of work. Kevin Smith, I believe, has a right to whatever characters he makes during his work at comic companies. Specifically, the Green Arrow villain Onomatopoeia which Smith seems to be the only writer able to use him, and has barred from being adapted into other mediums like television, movies, and games unless he himself is heading the project.
You shouldn't really get into the comic industry and expect to keep the rights to whatever you make, unless you have a good lawyer or are a celebrity who can push their wright around. Especially if you're a newcomer and need to build up portfolio first.
-Stuart Smith
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nargun
Joined: 29 Mar 2006
Posts: 930
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Posted: Fri Jun 29, 2018 10:55 pm
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. |
This is unfortunate, because that's not actually how common-law contracts work.
+ a contract is an agreement; the text of the written contract is evidence of the agreement, not the actual agreement, which exists in the minds of the parties.
+ if there's no actual agreement -- if the parties think they're agreeing to do different things -- there's no actual contract, although there are substantial procedural problems with actually proving this in the US's system.
+ contracts are not and have never been enforceable as such; the courts don't order contracts to be enforced, they order a party in breech to take action that will rectify the damages caused by their breech. Which may be -- but rarely is -- what the contract sets out.
[but note that an awful lot of US judges are really bad lawyers by rest-of-world standards, for reasons probably originating through the variable-to-poor quality of much legal training in the US post the war of independence and maybe the high rate of elected judicial office that aren't run on the basis of "does this person actually understand the law". It's not a good idea to run these sorts of arguments in courts in the US unless you've got the appetite for a lengthy appeal process]
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DirtyCircle
Joined: 06 Mar 2013
Posts: 129
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Posted: Sat Jun 30, 2018 1:14 am
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Correct me if I'm wrong but can anyone recall a episode of ANN or something where TokyoPop contracts were brought up? I could swear I remember Zac and possibly Justin discuss this once and what complete rookies could expect from a first time contract or if TokyoPop's was grossly different. Anyone else recall this?
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Kadmos1
Joined: 08 May 2014
Posts: 13623
Location: In Phoenix but has an 85308 ZIP
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Posted: Sat Jun 30, 2018 10:08 am
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xchampion wrote: | I'm a firm believer in if you sign the contract then you got to honor the contract. Also if you didn't read the fine print then that's your own fault. It seems to me all these problem couldn't all be on Stu Levy and TokyoPop's side. There are always two sides to every story. |
True, honoring contracts is important and that applies to both parties. Also, as deserving as as Stu and TokyoPop are of criticism, not every problem can nor should be placed on them. I am actually curious as to how often it was the Japanese publisher that was at fault for something but TP more of the blame. Probably not as often TP bringing it upon themselves.
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