QIDIAN ORIGINAL AUTHORS: Something all of you need to know.

Sorry to make myself unclear. I’m using the assumption the post by @S1mpl3m4n are the contract.

 

The contract on pages 6 and 7 I think is very similar if not the same as the one I have. And there was no NDA to send me the contract.
The list on page 1 is misleading. Also as many have pointed out with the travel item, I think its minor, it doesn't matter what the contract says. If it's at the author's cost they can decline to travel. Qidian is paying for travel for some authors. What is so hard to understand?

For me. I wouldn't sign without major changes. And even then, I would consider what is the best strategy for me. Others sign and take the 50% of revenue. That's their choice. And when they defend it and tell the truth you guys say, "Prove it." Ailmech is the proof.

If you're a reader. Why do you even care, unless you just like qidian bashing as an internet hobby?
If you're an author. Make up your own mind, negotiate, sign or dont sign. Simple.

 

Thanks for confirming.

For the travel part, in my view is all about what is happening and what can happen. It about potential loss that the author may face if QI decide they want to exploit the author, and QI don’t have a good record here.

About the reader, some may not care but there are reader out here that actually care about the author. Not all author are able to decipher those legal mumbo jumbo

 

@Dyne Fair enough. I guess I overreact when I see bandwagon bashing. I like to be fair.

 

@A_Skully , if you have not signed an NDA , then that should mean you can, in fact, upload the new contracts after you have blanked out your personal details plus you money etc
if you could do that it would, in fact, help kill as you said to stop the QI bashing ,
it may even help give QI a better bit of a rep

 

Well, this discussion is at least developing. As for the OP not being true. I'd like to compare that with what was posted in page 7. Just reading through it based on what the post says.

1. First 200k words are free <--This is the same as stated in the 5.1 clause
   
2. When you sign, they have the licensing rights to your novel so they can sell it anywhere. <-- Same as stated in Section 3
   
3. If you earn under $200, they do not have to pay you.<--- Same as stated in 7.2
   
4. If you earn over $200, they can delay any payment for up to 3 months. <--- This is what is stated in 7.3, conflicting with 7.2
   
5. While under contract, if they ask you to do a book signing in China/Ph etc, then you must attend at your own expense. <--- This is subject to how black and white Webnovel will use the contract to "use" the author. This is in line with 5.6 (author can't contractually say no) and 6.8 (ticket and hotel are deducted from party b's gross income as an expense)
   
6. While contracted, they can tell you "suggestions" on how to make your story better for the readers (They tell you what to write). <--- This is in line with 2.2 and 5.2. The issue I guess arises in the termination clauses, if true, on 9.1 and 9.4.
   
7. While contracted, they can hire someone else to write instead of you. <--- Based on 2.5, at least a minimum word count is reached before webnovel can decide to have someone else take over the original work.
   
8. If you can not comply with their "suggestions" they have the right to terminate your contract.
   <--- true based on 9.1 and 9.4
   
9. If terminated, you must pay back ALL the money you've earned while under contract + any damage they foresee to charge you with. <--- true based on Section 9
   
10. If terminated, they will try to get the copyright of your novel so they can sell it anywhere with 100% profit. <--- based on 9.9 and 9.10, this appears to be the case unless the wording is different in another contract version.
    
11. All sales/ss/ad revenue will be split 50/50 with you and Webnovel. <--- Didn't see mention of ad revenue. As for sales, there was no mention of sales of audiobooks and ebooks. Just the licensing rights, not royalty fees for the sales. This is assuming 6.4 to 6.6 is as worded.
    
12. They have other charges too, so you'll really end up with about 30% of the profit, then if you've got editor/artist that you've got to pay, will become much less. <--- I guess this is pertaining to the other expense being kept vague and unclear. This is based on 6.2 and as stated in 6.8, promotional events are also including as an expense for Party A. So that means conventions are included, because event is not clearly defined as exclusive to author's book signing or promo for author's exclusive title(s).
    
13. All ss revenue will be for paying ss only, any free will not generate any money for you.<--- looks the same with 6.2

Well, that took some time to read and go back and forth to check. I hope there was clarifications done by the contracted in writing as addendum to this if they did sign or they had it reworded to make it clear and defined.

 

I'm not a lawyer, but comparing your comments to the 7th pages post I see some potential mistakes.

3. As the other guy mentioned, it rolls over. It's not unpaid labor as your wording implies.
4. Not "any" payment, but only those from profits other than their main site as described under clause 6.2. In other words, this is for profits from clause 6.3, 6.4, etc.
5. Travel is not from their own expenses, but travel costs will be deducted from the revenue in calculating the profits, of which the translator is entitled to 50% per clause 6.2. So if I understand correctly, the translator is essentially paying for 50% of travel costs according to this contract. As for forced participation, I would ask a lawyer the exact meaning of "cooperate" and "participate" in this context before signing. Or directly ask QI what they mean before signing.
7. Clause 2.5 states that the translator's rights are limited to their own translation and that the translator can be fired. However as long as the translator isn't fired, they are owed payment. Whether QI can choose to not show the chapters is another question for a different clause though.
8/9. The conditions for termination are vague. The only clear part is if you breach the contract.
10. Not the copyright, but the license. In other words, they can still display the chapters. I'm not sure how payment would work in the case the translator terminates the contract under clause 9.7, but the translator should still have the copyrights to the work.
11. Clause 6.2 describes income from single chapter subscriptions. The adwall should be part of that. As for royalties, I believe they are a type of licensing fee. To be sure, one would have to ask a lawyer.
12. Per 6.2, the translator receives exactly 50% of profits. There are no hidden costs. The deduction described in 6.8, operating costs, is detailed in 6.2.

I believe any clarifications made by QI would be binding under good faith, but again one would have to ask a lawyer. Honestly, with QI's shady reputation anything you sign should be looked over by a lawyer imo. I assume you lost details while reading the whole contract. Just the parts you cite were quite lengthy to read. But yeah, there were quite a few issues with your comparisons.

PS: Due to all the interpretations by the 7th page poster, I'm still not quite convinced this is QI's template contract. I also know from second-hand accounts they offered different contracts, (ie. one TLer said they had a flat fee per chapter iirc) so there's also the question of how old this is.

edit: I just realized this thread is for original authors, not TLers. In that case, I believe #7 (clause 2.5) is saying that if the author continues posting to QI after being fired (or possibly even continuing the series on another platform) allows QI to block the author from posting to QI or hire a different writer.

 

I think there is a bit of misunderstanding. The discussion and the posts pertain to author contracts, not translator contracts.

Though i would not say my understanding is completely correct, I do hope there were clarifications done by those who signed with webnovel.

For those ive spoken to about this topic, most did not sign after consultation with legal counsel.

Assuming there were verbal clarifications most likely done, i hope they were at least put in writing and.signed/notarized with their contracts as webnovel has been sketchy with their promises.

Edit: i saw you noticed the translator and author thing.ü so please disregard the mention about it.

Anyways, yeah, if the contract has ambiguous wording, it should ideally be clarified and put into writing. Though it would be nice if good faith could be more than enough of a guarantee, the real world usually isnt that nice. It is best to cover as much of the gaps as you can to safeguard your own interest as a party to a contract.

Also, id understand that each contract would have differences for specific circumstance of the works involved. But i dont think it would be completely overhauled for each author.

Per their site, there are 2 types, a fixed rate contract and a royalty contract that they advertised before.

 

I love the communities ability to deduce the meaning of these contracts.

While not to be taken as professional legal advice. Nuffians here have clarified most of the misunderstandings one could have with the ambiguous wording in these clauses.

A good way to protect an individual/original author's rights for their intellectual property.

 

Yeah rights are important, look at the situation with Dragon Talisman. The author himself wasn't aware of the complexity of his situation.

 

how can a writer do that when you are made to sign them over for all formats and media platforms, also since when China cared about ip rights ( qi up all the harry potter and other stuff on qi china that's a basic rip off, also only 2-3 months ago a guy was ripping off Tokyo ghoul on webnovel even using the Japanese artwork of the cover..i still have the screen pics for that classic IP rip off by QI ) .. I'm not from the USA but isn't that one of the many reasons trumps having a trade war with China if you happened to miss the news since he's taken office

 

really this is why back then some members warn nuffian who wanna sign contract with QI to CONSULT WITH REAL LAWYER BEFORE SIGN ANY KIND OF CONTRACT
why?
1st put on mind which country QI aka webnovel.com registered at~ do your country have something like diplomatic agreement over law dispute? cuz if none international law may apply or nope~ bye bye~
2nd hah nvm why bother those who sign should be on adult age anyway~

now assume the contract is true
any one know how to solve da problem may arise if author have signed such contract which revolve around copyright?

 

What are you talking about!? webnovel.com is QI!

 

Yes, so?

 

Okay got it, you are promoting QI, when they screwed pretty much everyone in front of live audience so to speak! Really promoting your original novel there when most of the decent types put a ban on them. So support won't be visiting any time soon if ever...

 

It is not just that though. If you post on webnovel, the site seems easily pirated by other servers.
Case in point are the existence of the following clone sites which they have not DMCA'ed. So once your story is there, it is possible that it will appear on a clone site which is not authorized by you, as the author/poster.

-pirate sites, removed-

Content clearly came from Webnovel.com, yet they have yet to take it down even when they are aware of it. These sites have been up since May/June of 2018 and have been reported to their office/admins. Not only does it contain translated works, it also clones the original works on those sites. And webnovel.com doesn't lift a finger to remove those from the internet.

 

as long as they still on profit may be they will leave it alone for awhile
for now seem QI still focus on expanding translator which related to amount of novel they have
who know what on their mind tho
I guess it also related to fund on each department
it shown on how a really blatant rip off JP translation pop up on original content back then despite their promise to make check before original pop up
sure if it become too many applicant it will be pain on the butt still with enough founding which make enough staff to do proper job such thing can go puff~
hoahem~
Yenpress sure something~ wait it was kadokawa~

 

It is impossible to remove pirates from the internet, that's why Qidian doesn't try, it's a fight you can't win.

Even if you do succeed in remove one pirate from the internet, 10 other pirates will be born in the meantime... Oh, and the one site you did remove already bought a new domain and is pirating you again while you were still in the middle of the process of removing them.

That's just how it works, there is even pirated content in Wattpad for heaven's sake, don't bother with trying to fight pirates, it will just cause you unnecessary headaches... The best way to fight pirates is pretending they don't exist and bet on the goodwill of your consumers.

I think there were even some studies that showed that only 10% of the people that read the Qidian novels (in China) were paying customers? Dunno, it's an old memory, so I might be wrong here... Still, piracy is a thing and it will never go away, so... Don't worry about it too much and let it be~

 

True. Didn't consider it like that. I see the reasoning there. Makes a whole lot of sense.

 

In China Literature's 2017 annual earnings report, 5.8% were paying customers; which was a 33% increase from 2016 (4.9%).

Source: http://ir.yuewen.com/media/1113/china-literature-2017-annual-report_eng.pdf (Page 11)