What would Geralt say about this $h!t?
Probably something about portals, because he would have had to time travel to learn about it.
Gottem.
@Snowflakez Thanks for the clarification, but my question was more about what CDPR preferred at the time. Royalties or one time payment.
Ah, sorry. I don't remember, then. Let us know if you find out, though, because I'm curious as well.
If I had to guess, I'd assume they would have preferred a percentage deal. One-time payments are tough for start-ups, and if reports that they "offered multiple times" to give him a percentage are accurate, that's probably what they would have wanted.
I use the same open sources. I agree that one-time payments are harder for start-ups. But we won't know for sure unless CDPR clarify this.
I just have one question about this: Why did he wait until now to do this? Why wait until the company is on the verge of launching another successful IP to demand royalties for the existing one? And I don't think Thronebreaker has anything to do with it.
It's clearly not publicity, as they didn't seem to want the letter published (too bad).
https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-15-2018/
An unexpected development.
An unexpected development.
I can't understand why he sold the rights of the games without any restriction. If I would have written something like The Witcher, I'm sure I would like to have control over it if somebody makes a game from my product! At least over the story and if I have some control over it, later I have options about payment too. But as it looks like he didn't give a $h!t about it and now he want a pice of the cake! No matter what is in the background, it looks like so. Sad. I don't say I wouldn't feel bad in his place (after a one time payment), but be an adult and live with your decisions! That's why I said it would be wiser to write books and try to ride the waves of CDPR!
He couldn't possibly predict the success. The first time a gaming company tried to make a Witcher game, they didn't even finish it (and the horrible movie and graphic novel adaptations were a huge flop). And CDPR was an even more inexperienced company at the time.
But speaking from a moral standpoint, is it moral for CDPR to make millions upon millions of dollars from the IP, because of an old man's mistake? And it's not just the games, apparently he didn't get a cent from all the comics, guide books and merch that they released. The deal sounds ridiculously disproportinate, so if the law allows for him to get his fair share, I say more power to him.
As for why it's happening only now, it's possible he met a good lawyer through his Netflix connections, who brought the issue to him. Plus according to the letters, CDPR approached him recently to buy out something more from him. It's quite possible, he wasn't satisfied with the proposal and finally snapped.
But speaking from a moral standpoint, is it moral for CDPR to make millions upon millions of dollars from the IP, because of an old man's mistake? And it's not just the games, apparently he didn't get a cent from all the comics, guide books and merch that they released. The deal sounds ridiculously disproportinate, so if the law allows for him to get his fair share, I say more power to him.
As for why it's happening only now, it's possible he met a good lawyer through his Netflix connections, who brought the issue to him. Plus according to the letters, CDPR approached him recently to buy out something more from him. It's quite possible, he wasn't satisfied with the proposal and finally snapped.
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The Counter to Article 44 is to calculate the additional books that have been sold by the author due to the exposure generated by the game. He has gained large amounts of revenue and this is directly related to the games success, so any revenues and ongoing recognition of the authors works needs to be deducted from any claim.
The fact is without the game many would never have heard of this guy or his books, while article 44 can over ride any contracts in Poland, he cannot simply state that the only financial benefit is from the sale of the IP, he generates most of his income these days from the games success and this in turn must be accepted as financial compensation.
The fact is without the game many would never have heard of this guy or his books, while article 44 can over ride any contracts in Poland, he cannot simply state that the only financial benefit is from the sale of the IP, he generates most of his income these days from the games success and this in turn must be accepted as financial compensation.
It's not an excuse. Deal is a deal. This is how he valued his own creation at the time. This is how much faith he had in it. You need to think further than the tip of your nose when you make this kind of deals.
They're making millions because they made a great product based on the license they lawfully acquired. Not because of AS' mistake. You also try to make it look like CDPR deceived the poor man. They agreed to his terms and allowed different options. It's not like money fell on CDPR as soon as they bought the rights. They spend 15 years and plenty of money building the franchise it is today. 7 years to make the first game. They were on the verge of bankruptcy during the development of The Witcher 2.
Of course, there's a chance that we don't know something about the contract and it's content, that it indeed allows AS to demand compensation. If so, then he's in the right to ask for that. Another question is what's the point in deals like this if one side can ask for change of conditions.
This is how much faith he had in a no-name company.
Well, the last part is up for a debate now, since the lawyers claim they only acquired the rights for the first game. But of course we don't know who's in the right here.
That's not what I'm saying at all. They couldn't possibly predict their own success. But his mistake sure saved them tons of money, especially considering their potential bankruptcy. I don't think they had any malicious intent, business is business, but they sure didn't lose any sleep over it. They never tried to approach him for a better deal, despite milking his IP way beyond the games, so they have no moral high ground here.
I guess the point of the law is to protect artists from being exploited by multi-million dollar companies
Yeah, sure, quick buck on some losers. Smart man. How could anyone imagine people dedicating themselves to making a great product?
Fair enough.
This is where I have the problem with the situation. Are you sure one time payment wasn't harder on the company at the time than potential royalties? And why would they approach him with a different deal? The deal was made, they earned their success on their own. They didn't strip the author of his works or his name. More of that, they made him more famous and boosted book sales.
CDPR wasn't one when they made the deal. They didn't just sit on a pile of money they stole from the author. They earned it.
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How could he imagine after being burned by the godawful graphic novels, movie, tv series and unfinished game? He's not psychic. He's an old man who doesn't know anything about video games.
Out of graditute? His IP is the main reason they are who they are now. Saying he doesn't deserve more than 10 000 for this is unethical.
That goes both ways, considering that without him the games simply wouldn't exist. Plus, his popularity in Eastern Europe helped with the sales of the first game quite a bit.
I was speaking in general.
Still not an excuse. You have to do your research if you sell rights to your IP. He probably isn't psychic, but there's a serious chance his arrogance and ignorance will cost him so much.
Main reason is that they worked their asses off. It's not the question of "deserving". It was a business decision, not some friendly project based on good will.
Not without him, but without his work he willingly sold on his terms. The books most likely helped sales in Eastern Europe, because that's where the author was known at the time. But in the end Sapkowski and Witcher books became famous worldwide thanks to the games. Looks like a greater pay off.
Let's see if general applies to the situation at hand.
If I had to bet on the outcome, I'd say there will be some settlement sum (lesser than demanded) and an additional contract.
I saw a documentary earlier and I foud it. There are a few words about the license. It's possible the conditions are more complicated as we see it from our chairs. It's possible it was not a well clarified condition between the two. If the original deal was about only one game why only now AS stands out with this? Or until now AS enjoyed the increased sells of his books, but now he see CDPR goes wild with the witcher universe (TW3/gwent/thronebreaker) he feels CDPR grew over his head and he feels pushed aside?
I'm speaking from a purely ethical standpoint. So many people villifying Sapkowski for legally demanding money from his own IP (even though anyone would do the same in his place), yet it's ok for CDPR to hold on to the money they saved thanks to his mistake?
And not just that. Look at all the merch, comics, guide books, TRPG, Geralt in Soulcalibur. They're not kidding with their milking of the IP. Apparently they also used to have some claim to the movie rights.
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