Drafting Publishing Contracts for Web Novel and Webtoon Writers — Revision Proposals for Exclusive Publication Right and Derivative Work Clauses Compared With Standard Contracts

Procedure

1. 1. Identify the type of contract and the scope of rights

   First check whether the contract you received transfers economic rights, establishes an exclusive publication right or publication right, or grants permission to use the work. An exclusive publication right can be established separately as long as the methods and conditions of publication do not overlap (Copyright Act, Article 57, Paragraph 2), so check whether print books, e-books and web serialization are separated by medium and scope. A right to use obtained by permission cannot be transferred to a third party without the consent of the holder of the economic rights (Article 46, Paragraph 3).

2. 2. Compare with the standard contract clause by clause

   Place the standard contract for publishing or cartoons next to the draft and mark how the term and renewal, revenue share rate and settlement cycle, authority to create derivative works, right of first negotiation for the next work, serialization obligations and termination conditions differ. Forcing unfair contract terms on an artist by using a superior position, or refusing or delaying a fair share of revenue, is an unfair practice prohibited by Article 13 of the Act on the Guarantee of Artists' Status and Rights, and Article 9, Paragraph 1 of the Cartoons Promotion Act prohibits a cartoon business operator from demanding a one-sided transfer of intellectual property rights.

3. 3. Check the term, derivative work and publication obligation clauses

   Unless otherwise agreed, an exclusive publication right lasts 3 years from the date of first publication (5 years for making a visual work), so if the draft sets a longer term or automatic renewal, check whether the term and the method of giving notice of termination are written down. Even when all economic rights are transferred, the right to create derivative works is presumed not to be included unless otherwise agreed (Article 45, Paragraph 2), so look for wording that broadly hands over secondary uses such as dramas, games or merchandise. Also check whether a publication deadline different from publication within 9 months of receiving the manuscript (Article 58, Paragraph 1) has been set.

4. 4. Write the revision proposal

   For each clause to change, prepare a revision proposal that sets the current wording, the wording based on the standard contract and the reason for the change side by side. If the contract is a cultural and artistic service contract, such as one that commissions the writing of serialized manuscripts, write new wording for any missing items that Article 4-4, Paragraph 2 of the Artists' Welfare Act requires in the contract: contract amount, contract term, renewal, amendment and termination, rights and obligations of the parties, scope of the service, revenue sharing, and dispute resolution.

5. 5. Signing, keeping and registering the contract

   The parties sign or affix their names and seals to the agreed final version and each keeps a copy. A cultural and artistic planning business operator must keep the signed contract for 3 years (Artists' Welfare Act, Article 5-2), and the establishment of an exclusive publication right or publication right, or a transfer of economic rights, cannot be asserted against a third party unless registered (Copyright Act, Article 54), so prepare a registration application as well when needed.

Required documents

• No prescribed submission form (a publishing contract is an agreement between the parties and has no statutory form submitted to a government agency)
• Draft contract sent by the other party or the existing contract
• Standard contract for publishing or cartoons (for comparison)
• Information on the work (title, serialization platform and medium, serialization start date, manuscript volume)
• Revenue sharing and settlement materials (proposed rate, advance payment terms, settlement statement format, etc., if applicable)
• Other contracts for the same work (exclusive publication right contracts by medium, derivative work use contracts, etc., if applicable)

Fees

In the industry, fees range from tens of thousands of won to several hundred thousand won, depending on the length of the contract and the number of clauses, whether only a revision proposal is prepared or the final contract text is also drafted, and whether derivative work and overseas rights clauses are included. We provide a quote after consultation. Government fees are separate.

See fees and official charges for this service →

Legal basis and review date

• Copyright Act, Article 22
• Copyright Act, Article 45
• Copyright Act, Article 46
• Copyright Act, Article 54
• Copyright Act, Article 57
• Copyright Act, Article 58
• Copyright Act, Article 59
• Copyright Act, Article 60
• Copyright Act, Article 63
• Copyright Act, Article 63-2
• Artists' Welfare Act, Article 2
• Artists' Welfare Act, Article 4-4
• Artists' Welfare Act, Article 5
• Artists' Welfare Act, Article 5-2
• Act on the Guarantee of Artists' Status and Rights, Article 13
• Publishing Industry Promotion Act, Article 8-2
• Cartoons Promotion Act, Article 9
• Cartoons Promotion Act, Article 9-2

Checked against the statutes on 2026-10-09

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• Contract clauses must be revised before signing. After signing, it is difficult to change clauses without the other party's consent, so start comparing with the standard contract as soon as you receive the draft.
• An exclusive publication right cannot be asserted against a third party unless its establishment is registered (Copyright Act, Article 54). When contracting the same work separately by medium, check that the medium and term do not overlap with an earlier contract.

Frequently asked questions