i. Work – Refers to any original creative content uploaded to the Platform by the Creator, including but not limited to comics, illustrations, serialized stories, or other digital artwork. This definition may extend to future content formats introduced by Cultural Comics and Cultural Publishing.
ii. Platform – Refers to the Cultural Comics digital publishing website operated by the Publisher. This definition includes any future technological expansions, such as mobile applications or other distribution channels under Cultural Publishing Limited.
iii. Revenue Streams – Refers to the monetization methods available to Creators, including subscription-based earnings, creator tips, popularity poll incentives, and any future revenue-sharing models introduced by the Publisher.
iv. Creator – Refers to the individual or entity publishing content on the Platform, provided they meet eligibility criteria set by the Publisher, including compliance with platform guidelines and legal requirements.
v. Subscription Model – Refers to the standard access model for Cultural Comics, where users pay to access content. The revenue generated from this model may contribute to Creator remuneration based on engagement metrics.
vi. Popularity Poll Incentives – Refers to a reward system where Creators receive financial or promotional benefits based on reader engagement and voting mechanics within the Platform.
• Economic Rights: The Publisher is granted the exclusive rights to reproduce, distribute, and publicly display the Work on the Platform, as outlined under Section 29 of the
Copyright Act of Malawi, 2016.
• Moral Rights: The Publisher acknowledges the Creator’s right to attribution and integrity of the Work, as detailed under Section 30 of the Copyright Act of Malawi, 2016.
• Transfer of Copyright: The Publisher shall have the right to transfer or license the Work in accordance with Sections 54 to 57 of the Copyright Act of Malawi, 2016.
• Content Standards: The Publisher has the right to create and revise content standards and guidelines to determine what is "fit for publishing" on their platforms. Only works that meet these guidelines shall be published. The Publisher has the right not to publish any creations that do not meet these standards, whether on the digital platform or physical platform, and
such works shall be deemed "not fit for publishing." The Publisher has the right to create content standard guidelines and revise them every six months, determined by a meeting of the “principal founders” (Where this shall mean those on the original founding documents of the Publisher). The determination of when to publish creations physically shall be at the sole discretion of the Publisher.
• Creator’s Rights: The Creator retains the right to be acknowledged as the author of the Work, as specified in Section 30 of the Copyright Act of Malawi, 2016.
• Publication obligations: The Creator has the right to have their creations considered for publication on the Publisher’s platforms if they meet the Publisher's content standards and guidelines. If the Work does not meet these requirements, the Publisher shall not be compelled to publish the Work and it shall be deemed "not fit for publishing." The Publisher retains the
right to delist or remove any such works from the platform and from circulation if they are retrospectively deemed not fit for publication.
i. Voluntary Termination by Creator: The Creator may choose to delete their account or remove individual Works from the Platform. In such cases any earnings accrued before removal remain
payable under the remuneration terms outlined in section 4 of this document.
ii. Termination for Cause: If the Publisher terminates the agreement due to a material breach (e.g., legal violations or fraudulent activity):
• The Publisher retains limited rights to the Creator’s Work solely to address outstanding liabilities or enforce previously agreed-upon earnings distribution.
• Works may remain archived for reference or dispute resolution but will not be monetized without explicit approval from the Creator.
i. The Creator retains copyright ownership of their Work upon termination, unless separate commercialization agreements exist (e.g., physical sales royalties).
ii. The Publisher holds continuing rights to modify or redistribute the Work post-termination unless prior revenue-sharing models apply, as agreed under section 4 of this document.
iii. If Cultural Comics launches new monetization frameworks after termination, Creators may opt-in to revised terms but are not bound by past agreements.
i. Subscription-Based Earnings: Creators will receive a portion of Cultural Comics' standard subscription revenue, allocated based on engagement metrics such as reader interaction, and popularity poll rankings.
ii. Creator Tips: Creators may receive direct financial contributions from readers through the platform’s tipping system. 100% of tips will be transferred to the Creator, minus standard transaction processing fees.
iii. Physical Sales Royalties (Future Implementation): Once Cultural Comics begins physical distribution, Creators will receive 35% of the net profit from printed sales of their Work. This model will be introduced in later phases of platform development.
Creator Rights: The Creator retains full copyright ownership of their Work. By publishing on Cultural Comics, the Creator grants the Publisher a non-exclusive distribution license to host, display, and promote the Work within the platform. Publisher Rights: The Publisher has the right to digitally and physically distribute, market, and feature the Work on its platform and related promotional materials, but does not acquire ownership of the Work itself. The Publisher is simply granted indefinite non-exclusive media and publishing rights.
(b) License Duration and WithdrawalLicense Period: The Creator’s distribution license remains valid as long as their Work is hosted on the Platform. If the Creator removes their Work or deletes their account, the license automatically terminates. The publisher may still distribute their work physically or by other means at their discretion. Withdrawal Process: A Creator may request to remove their Work from Cultural Comics, at which point distribution rights cease. However, any revenue earned prior to removal remains payable according to the remuneration model.
(c) Commercial Use and Future AdaptationMonetization Adjustments: As new monetization methods—such as printed editions or merchandise—are introduced, Cultural Comics may propose new revenue-sharing agreements for applicable Works. The Creator will be consulted before any commercialization beyond digital distribution. Moral Rights Protection: The Creator retains full rights towards the integrity of their Work. Cultural Comics shall not alter, repurpose, or otherwise modify the Work without explicit consent from the Creator.
6. ConfidentialityProtected Content: Both parties agree to maintain the confidentiality of proprietary information, trade secrets, unpublished Works, platform operations, financial data, and any other sensitive materials disclosed during the term of this Agreement. Unpublished Creator Works: The Creator’s content, whether completed or in development, shall be treated as confidential until officially published on Cultural Comics. The Publisher shall not share, distribute, or preview such Works without the Creator’s consent.
(b) Duration of ConfidentialityOngoing Protection: Confidential obligations remain in effect even after a Creator’s withdrawal from the platform, ensuring all sensitive information disclosed during their tenure remains protected. Exceptions: Confidentiality no longer applies if information becomes publicly available through official publication or lawful disclosure by the Creator.
(c) Security and EnforcementData Protection: The Publisher shall implement industry-standard security measures to safeguard confidential digital files, including unpublished Works and Creator earnings records. Liability for Breach: Any unauthorized disclosure, whether intentional or accidental, may result in legal action. If the Publisher is responsible for a breach leading to financial or reputational damage to the Creator, appropriate remedies—including potential compensation—shall be determined based on the severity of the breach. The same remedies shall also apply to the creator.
7. Governing Law
• Internal Resolution: First, the parties shall seek to resolve the dispute through a meeting between the Creator and the Publisher to address the issue internally.
• Mediation: If internal resolution fails, a special arbitrator, appointed by the Copyright Society of Malawi, shall mediate the dispute.
• Legal Action: Finally, if the dispute remains unresolved, the matter may be pursued in the Malawian Courts in accordance with the laws of Malawi.
1. Content Responsibility: The Creator bears sole responsibility for ensuring their Work does not infringe on third-party rights, violate Malawian laws, or contain defamatory, unlawful, or plagiarized material.
2. Indemnification: The Creator agrees to indemnify and hold harmless the Publisher from any legal claims, disputes, or financial losses arising from the Creator’s Work, including but not limited to copyright infringement, unauthorized use of third-party assets, or violations of content regulations.
1. Platform Hosting Responsibility: The Publisher shall make reasonable efforts to enforce content guidelines and prevent unlawful material from being published. However, Cultural Comics assumes no liability for the legal consequences of Creator-generated content unless the Publisher has knowingly and negligently published infringing material.
2. Legal Challenges & Content Removal: If a legal claim arises regarding a Creator’s Work, the Publisher reserves the right to temporarily remove or permanently delist the Work while reviewing the claim. Creators will be notified of any such actions and given the opportunity to respond.
3. Operational Costs & Revenue Impact: If Cultural Comics attracts legal penalties due to a Creator’s content, any financial obligations shall be treated as a general business expense affecting net profits. However, if a Creator’s negligence directly results in damages, the Publisher may seek compensation from the responsible party.
(a) Amendments: Any amendments to this agreement will be in writing
(b) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements.
(c) Tax Status: For the purposes of this Agreement, the Creator shall not be considered an employee of the Publisher. Remuneration shall be provided net of Withholding Tax (WHT).
The Creator is responsible for handling tax registration, return preparation, and filing independently, whether on their own or with assistance from a legal guardian or advisor.
The Publisher's obligations end with the deduction and payment of WHT.