QI contract

Discussion in 'Novel General' started by abc123, May 23, 2017.

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  1. sushicracker

    sushicracker Member

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    well, what you expect from a capitalist sucking workers blood?
    interesting fact, we don't have much workers union in *cough* Communist China *cough*
     
  2. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    Hahaha you should give up. Most people here are either wilfully ignorant or a lot younger than you think
     
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  3. Devshard

    Devshard Well-Known Member

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    My dear Wujigege,

    Ignorance is bliss.

    Sincerely,
    Devshard
     
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  4. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    Hahaha saw this on a comment about the Mayweather and McGregor fight
    I think it is fitting in this situation also
    Given that many translators join QI everyday and their readers are increasing

     
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  5. Suijin

    Suijin Blood God [Medic]

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    meh. im inclined to translate the contract to the language of retards (simple words).
     
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  6. Luneder

    Luneder Well-Known Member

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    As a freelance game artist I've had to sign some colorful contracts and make some of my own but this is the first time I've seen a contract entirely designed to screw the worker. Roughly that contract not only removes the right of the translator to protect themselves from anything illegal the employer does but it also gives the right to the employer to shift blame onto the translator as well as possibly seek money from the translator for damages.

    "IN NO EVENT SHALL CHINA READING BE LIABLE TO TRANSLATOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUES AND LOSS OF PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF CHINA READING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

    That is a HUGE red flag and common method used in scams to get money from whoever signs the contract. I've had a few scammers attempt similar stuff to me but nowhere as all inclusive as that one. The worse I had seen personally was out of India that had a clause that gave the person ownership to all my art past, present, and future which I told them to F-off and sent a warning to the art communities with a copy of the contract as a reference so they all knew what to watch out for.
     
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  7. Xpekt

    Xpekt Active Member

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    Haven't read the last 5 pages. and the most "hottest" discussion was around the payment relative or not.

    I just wanted to say, here in Norway in programming(coding not PLC) we often outsource programming jobs to India, china and recently Philippines. We do of course not pay wages that would be good or standard in Norway it is not even close, we pay what is considered good wages relative to their place. since the job is so desirable, they often work more than necessarily because they want the "leader" job. even thou we keep telling them to stop doing it since whenever they try to do something fancy to impress it is just throwaway happens a lot from india.

    Even thou we all have the impression of china being corrupted. the western countries do the same, outsource work to countries with lower wages.

    this topic usually goes the other way around. people from x country get upset that company outsource work to other because it means there is "1 less job" for the citizens of that country. its weird that apparently that is the point that people lash on when that is the point that is straightforward and fair. there are things in that contract that is alarming, but it is hard to say if it is just cover all their basis and they wont act on it unless they feel that have to.
     
  8. Emy.

    Emy. Well-Known Member

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    :blobpeek:
    :aww:
    :cookie:
    :blobhero:
    :blobpopcorn:
    i'm here just to say hi .
    and this is still going ?

    see ya
    :blobsalute:
     
  9. J-Mitch

    J-Mitch ⚖ Tipping the Scales of the World

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    Editor's Contract is not bad, actually. Hopefully, those rates have gone up though.
     
  10. Rexxxxx

    Rexxxxx Well-Known Member

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    This contract isn't great, but people that try to force worker in bad contract are in all the world, in many cases worker accept, because it's better than nothing. This doesn't mean that I approve a behavior so mean.
     
  11. Suijin

    Suijin Blood God [Medic]

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    what you quoted from contract and what you described it as is 2 different things.
    the quote is for if QI ever runs out of money and cant pay, they cant be blamed. THATS IT. nothing more..ffs, dont bullshit
     
  12. Devshard

    Devshard Well-Known Member

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    s'okay.

    Illiteracy is a huge problem in the "freelance game artist" industry. Many of them frequently lose out on decent jobs because they lack the basic understanding to read and interpret information, leading them to question normal contract clauses. It's a very, very serious issue and one that we should all strive to raise awareness for.

    Remember kids, stay in school. Don't become yet another statistic. Or an illiterate freelance game artist.
     
  13. Suijin

    Suijin Blood God [Medic]

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    pfft. so cruel.

    though I do have to add an explanation to the quote of qi.contract. it also makes them not liable if some people bully the translator online because he tls for qi. the end
     
  14. Luneder

    Luneder Well-Known Member

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    No the wording of that paragraph has double meanings in it. While it sound like they are removing themselves from liability they are also saying they can direct it on the translator. It may sound like a protection against translator clause which is odd in itself but it also gives them the right to blame the translator.

    I know it is supposed to sound like they are removing themselves from a situation that the translator may fall into like if the translator took a loan and couldn't pay it they cannot turn it onto them. It flat out says we screw up and know we screw up we are not liable "EVEN IF CHINA READING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES." because "IN NO EVENT SHALL CHINA READING BE LIABLE TO TRANSLATOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES" literally means the translator can be at fault for just about anything since all those words used could mean just about anything including the employers end. This is the only part they become exact "INCLUDING LOSS OF REVENUES AND LOSS OF PROFITS" yet those parts also mean they are not liable if say they decide not to pay the translator because say the translated novel does not make as much as they thought giving them a way out of their own contract if their is a specification of pay in the advent of the novel doing bad.

    If they suddenly cut a translator loose or do not pay translator they can use that clause to keep from paying the translator what they owe because they hold no liability to the translator.

    There is a reason I have a lawyer look at even safe sounding contracts.

    Also to the guy picking a fight with me I make a shit ton of money as a game artist and I do need to know my shit about contracts because half the people trying to hire an artist think it is alright to scam them. There was even a site dedicated to educating people on scamming artists through contracts for several years that required some of the large art sites to get involved just to get shut down. Even now pieces of those contracts pop up hidden in normal looking contracts.
     
  15. Luneder

    Luneder Well-Known Member

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    This contract has similar stuff to Kill fee Clause, Hell or High Water clause, and Evergreen Clause.

    "Kill fee clauses entail that an author be obligated to pay a publishing company a fee to “kill” their book, or pull it from distribution. At the reasonable end of the spectrum, a kill fee pertains to an author who is attempting to have a book pulled during the middle of its contractually specified distribution run — fair enough. But here’s where a kill fee can get hairy: at the end of a distribution period, a publisher may penalize an author with a kill fee for simply choosing not to renew a completed contract."

    "Hell or high water clauses. Legal language is usually less colorful, but this clause is exactly what it sounds like. As per the colloquialism, “Come hell or high water,” this type of clause forces one party to continue making payments to the other, regardless of any surrounding circumstances changing or difficulties ensuing. Defective shipment? Too bad — fork it over. Additionally, hell or high water contracts cannot be canceled."

    "Evergreen clauses. Evergreen clauses, also referred to as perpetual renewal clauses, also typically pertain to authors and publishing companies. Evergreen clauses have actually been called “virtual slavery,” and are technically illegal — but companies still find sneaky ways to enact them. In an evergreen clause, contracts are renewed automatically — forever. It is not uncommon for contracts to be automatically renewed once or twice, but for the cycle to continue in perpetuity is another matter altogether."

    Makes me wonder if there is a Yellow Dog clause hidden in there. A Yellow Dog clause was outlawed in the US in 1932, it was a clause that prevented people from joining labor unions.

    source: http://www.berkowitzkleinllp.com/2013/contract-clauses-good-bad-ugly/
     
  16. catatopatch

    catatopatch Well-Known Member

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    :cookie:By the way why is only part of that clause quoted?

    IN NO EVENT WILL CHINA READING BE LIABLE TO TRANSLATOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUES AND LOSS OF PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF CHINA READING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHINA READING’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT SOLELY CAUSED BY THE ACTS OR OMISSIONS OF CHINA READING. NO LIMITATION AS TO PERSONAL INJURY IS HEREBY INTENDED.
     
  17. kaisersose

    kaisersose Well-Known Member

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    oh interesting :blobpopcorn:
     
  18. nonononono1

    nonononono1 New Member

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    Last edited by a moderator: Sep 26, 2018
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