MCST to Distribute Guidebook for Eight Types of Standard Contracts in the Comics Sector

Available for Download Starting June 13

The Ministry of Culture, Sports and Tourism (MCST) announced on May 29 that, together with the Korea Manhwa Contents Agency (KOMACON), it will publish and distribute a guidebook to help apply standard contracts in the comics sector starting June 13.

To establish a fair contract culture, MCST revised and announced eight types of standard contracts in June 2024, including the publishing right contract, e-book publishing contract, webtoon serialization contract, and the license agreement for the creation of derivative works.

This new guidebook provides detailed instructions for the use of these eight standard contracts and consists of three chapters in total.

Chapter 1 explains the dissemination and use of the standard contracts, as well as the main points of their revision. It covers basic principles and precautions when drafting contracts, and how to respond to contract breaches. For example, it emphasizes the need to clearly specify the contract’s purpose, obligations, and termination. It also provides guidance on the criteria for rescission or termination in the event of a breach by the other party, as well as methods for collecting evidence and seeking expert assistance.

Chapter 2 highlights the core provisions of each standard contract, focusing on issues that are essential or have a high risk of unfairness. For the "webtoon serialization contract," key provisions include contract period, granting of rights, delivery and serialization timing of manuscripts, breaks, payment, settlement, derivative work rights, respect for moral rights, proofreading and editing, return of manuscripts, contract termination or rescission, and duty to explain. For clauses that require additional clarification, the guidebook references the Copyright Act or related provisions to explain the intent and important considerations of each rule.

Chapter 3 covers copyright concepts and examples relevant to contracts, special provisions for audiovisual works, authorship, the content of copyright, the duration, transfer, exercise, and expiration of economic rights, and responses to copyright infringement.

According to the "2024 Webtoon Industry Survey" conducted by MCST and the Korea Creative Content Agency (KOCCA), 86.4% of webtoon businesses (including platforms and production companies, totaling 147 companies) reported using the standard contract as-is or adopting its key clauses. This represents a 4.5 percentage point increase compared to the previous year, indicating that the use of standard contracts is spreading in the industry and a fair contract order is being established.

MCST stated that it will continue efforts to promote the use of standard contracts in collaboration with platforms, production companies, creators, and related organizations. As part of this, companies participating in new public projects such as the "Global Webtoon Intellectual Property (IP) Production Support" program, which is being launched this year, will receive extra points if they use standard contracts.

The guidebook will be available for download from June 13 on the websites of MCST, KOCCA, and KOMACON. Assistance with using the guidebook will also be provided through the "Manhwain Helpdesk" operated by KOMACON.