Sapkowski (author of The Witcher universe) wants ~16 million USD from CD Projekt

People protecting a multi billionaire company over a single person is hilarious, considering how in general it's the contrary. And just because the author don't like games and talked badly about them, yikes.
Do you even understand how business agreements and contracts work? Or did you made this call because you 'feel' the guy deserved more?

The guy AGREED on the original amount. CASE CLOSE.

Whatever amount you FEEL that he's entitled to is irrelevant. An agreement (with legal bindings) is an agreement. It cannot be retroactively change on a whim unless both parties mutually agrees on it.

There's nothing more to say.
 
Sapkowski didn't sell his best selling, worldwide known franchise to them. The popularity of The Witcher is 99% to do with the work CD Projekt put in. Sapkowski more than likely would have been in a worse place than he currently is. His works are well known worldwide now, and his book sales took off allowing more people to appreciate his work.

As far as I am concerned, the Witcher games are not Sapkowskis art.
See, it's a mutually beneficial arrangement, since the initial success of The Witcher 1 came from the European fans of the books, which were well known and had big following especially in Central and Eastern Europe. CD Projekt is definitelly responsible for Witcher's success outside Europe and specifically in English speaking countries.
 
Do you even understand how business agreements and contracts work? Or did you made this call because you 'feel' the guy deserved more?

The guy AGREED on the original amount. CASE CLOSE.

Whatever amount you FEEL that he's entitled to is irrelevant. An agreement (with legal bindings) is an agreement. It cannot be retroactively change on a whim unless both parties mutually agrees on it.

There's nothing more to say.
Of course, unless there's a law saying so.

And there is.
 
First off, he never derided their efforts. Secondly, they weren't a tiny company.
He gives literally no credit to the company that made him as successful as he is today. No, in fact, he makes the absolutely absurd claim that "people buy the games because of the books, not the other way around". How that's not derision, I'll never know.
 
Can't believe people here defend Sapkowski over this.

Yes, he made a made a bad deal and may deserved more money at some point but the fact that he was a dick about CDProjekt and games in general publicly at every possible opportunity and now tries to get ransom money out of them should tell you that he got what he deserved.
 
Do you even understand how business agreements and contracts work? Or did you made this call because you 'feel' the guy deserved more?

The guy AGREED on the original amount. CASE CLOSE.

Whatever amount you FEEL that he's entitled to is irrelevant. An agreement (with legal bindings) is an agreement. It cannot be retroactively change on a whim unless both parties mutually agrees on it.

There's nothing more to say.
Polish law says otherwise. At the end of the day this is a Polish author suing a Polish company under Polish law.
 
They weren't that big. At least when it comes to actual gaming making. They mostly capitalized on the translations side of things in gaming for the most part, amongst other areas.
Yes, they weren't making games yet, but they were big. They were the biggest game distributor in numerous European countries. Games like Starcraft, Warcraft 3 and Diablo 2 had their logo on etc. They weren't some nerds in a shed at the time. They were everywhere.
 
Hmm, The Witcher name/IP was not the reason the Witcher 3 was so popular and sold the amount it did. I suspect the Witcher name, aside from maybe getting the first game noticed had little to no influence at all in the long term success.

The developers produced an incredible narrative based open world RPG with a compelling story which was separate to the books. The game could have been called 'Dude with a sword and a witch fetish' and it would likely have sold just as well.

I'm not really sure whether he is entitled to his claim or not, however surely he has seen a significant increase in book sales worldwide purely due to the awareness the games generated.
 
Is there though? I'm pretty sure you need a law degree to interpret legal text correctly, and just quoting an article because it sounds vaguely relevant to what you're discussing doesn't actually mean much if anything at all.
Relevant part from the Payment Demand letter:

"As is known, you have concluded several agreements concerning the use of Mr. Andrzej Sapkowski’s work; however, these agreements cannot (even assuming that they contain the relevant provisions) effectively indemnify you against future claims by the Author. This is due to the fact that the basis for the claims herein expressed (while not the sole basis, and not the most problematic one – from your perspective) is Art. 44 of the Act on Copyright and Related Rights.

The abovementioned clause is, first and foremost, unconditionally binding (J. Barta, R. Markiewicz, Ustawa o prawie autorskim i prawach pokrewnych (ed.) J. Barta, R. Markiewicz, Warsaw 2003, p. 364), and furthermore it may be invoked when the compensation remitted to the author is too low given the benefits obtained in association with the use of that author’s work. Notably, the latter condition is considered fulfilled if the compensation remitted to the author is too low by a factor of at least 2 (T. Targosz [in:] D. Flisak (ed)., Prawo autorskie i prawa pokrewne. Komentarz, Warsaw 2015, p. 685). These exact circumstances exist in Mr. Andrzej Sapkowski’s case, where the aforementioned factor is significantly greater than 2 (one might even say – egregiously so).

It may be assumed that standard royalty rates associated with use of a work, particularly in adaptations, are approximately 5-15% of the profits generated. In addition, this percentage value should be greater than the corresponding provisions of your contracts with the Author which pertained to use of his works in the Company’s ancillary activities (traditional games or merchandising)."

https://www.cdprojekt.com/en/wp-con.../31450043_rb_15-2018_-_demand-for-payment.pdf
 
Yes, they weren't making games yet, but they were big. They were the biggest game distributor in numerous European countries. Games like Starcraft, Warcraft 3 and Diablo 2 had their logo on etc. They weren't some nerds in a shed at the time. They were everywhere.
Yes illegal or at least not offically. Like with GOG now. Got nothing to do with them being in their shed. It was more like Netflix at the beginning for them.
 
Relevant part from the Payment Demand letter:

"As is known, you have concluded several agreements concerning the use of Mr. Andrzej Sapkowski’s work; however, these agreements cannot (even assuming that they contain the relevant provisions) effectively indemnify you against future claims by the Author. This is due to the fact that the basis for the claims herein expressed (while not the sole basis, and not the most problematic one – from your perspective) is Art. 44 of the Act on Copyright and Related Rights.

The abovementioned clause is, first and foremost, unconditionally binding (J. Barta, R. Markiewicz, Ustawa o prawie autorskim i prawach pokrewnych (ed.) J. Barta, R. Markiewicz, Warsaw 2003, p. 364), and furthermore it may be invoked when the compensation remitted to the author is too low given the benefits obtained in association with the use of that author’s work. Notably, the latter condition is considered fulfilled if the compensation remitted to the author is too low by a factor of at least 2 (T. Targosz [in:] D. Flisak (ed)., Prawo autorskie i prawa pokrewne. Komentarz, Warsaw 2015, p. 685). These exact circumstances exist in Mr. Andrzej Sapkowski’s case, where the aforementioned factor is significantly greater than 2 (one might even say – egregiously so).

It may be assumed that standard royalty rates associated with use of a work, particularly in adaptations, are approximately 5-15% of the profits generated. In addition, this percentage value should be greater than the corresponding provisions of your contracts with the Author which pertained to use of his works in the Company’s ancillary activities (traditional games or merchandising)."

https://www.cdprojekt.com/en/wp-con.../31450043_rb_15-2018_-_demand-for-payment.pdf
Would it surprise you if the plaintiff in a case brings forth arguments that stave their case, and not necessarily argument against it? We have literally no idea of this has any merit whatsoever.
 
Yes illegal or at least not offically. Like with GOG now. Got nothing to do with them being in their shed. It was more like Netflix at the beginning for them.
Jesus wept. Once again. CD Projekt never conducted any illegal activity. What you're referring to is what the founders of the company did BEFORE the company was formed. By 2002, when they started working on The Witcher 1, they were LARGE.
 
I'm really curious how this will play out. I'm not too familiar with polish law, but the article in question does sound like he'd be right.

I wonder if the deciding factor will be that CD offered a deal with royalties and he turned it down....

Without knowledge on the system and past cases it seems like it could go either way.

I will say though that I feel ethically it's dicey too because if he had taken their royalty offer it's unlikely this whole thing would be happening.
 
Sapkowski didn't sell his best selling, worldwide known franchise to them. The popularity of The Witcher is 99% to do with the work CD Projekt put in. Sapkowski more than likely would have been in a worse place than he currently is. His works are well known worldwide now, and his book sales took off allowing more people to appreciate his work.

As far as I am concerned, the Witcher games are not Sapkowskis art.
Whether or not it’s your concern, It is his IP. It is his art.


And legally he will get some money from it

Well, they may very well be obliged, since according to the Polish law:

"In the case of a gross disproportion between the remuneration of the creator and the benefits of the buyer of the author's economic rights or the licensee, the creator may demand an appropriate increase in remuneration by the court."
I’m not siding with him...the guy seems like an ass and he did fuck up.

But he will get his portion.

CDPR defense force is something else lol
 
Of course, unless there's a law saying so.

And there is.
Polish law says otherwise. At the end of the day this is a Polish author suing a Polish company under Polish law.
This will go to court and the judgement will set a precedence for the future.

If Sapkowski won this suit, than Poland Authors can literally kiss their chance at anyone wanting to license their stuff in the future.

So many of you guys here are thinking in terms of 'moral' POV. The law is NEVER about 'morals'. The law is about 'fair'. This law literally just shits on any forms of legally binding agreements because of 'feelings'. It's literally an 'unfair' law.
 
Didn't he literally say that he hates videogames and thinks they're a waste of time (or something along those lines?)
Yeah but that doesn't really matter tbh. He can hate video games as much as he wants.

But because of his feelings towards video games, he thought that a deal that featured royalties instead of a one-time payment would be too high a risk. So he chose the low-risk option. Risk–return tradeoff basically.
I'll ask again, is he getting royalties from the Netflix show?
I don't think that's known as of now. But he's consulting/advising the writing team, so I guess he gets something out of it. And I don't think he'll make the same mistake twice.
 
Are you kidding me with this? CDPR made the Witcher what it is today. Without them, he's be a largely unknown Polish author without a freaking Netflix deal. Not to mention the fact that it's the boys and girls over at CDPR that slaved away on the game, while he sat back and literally derided their efforts. Tell me again how he's responsible for their success.
Weird, I remember reading the books before the games, and I’m not polish. You think CDPR would have been as big today without an ip like the Witcher, the first game played like shit and was super buggy, for me at least it was the lore and story the made me complete it. That you tell me CDPR slaved their employees is kinda funny since their known for their heavy crunch time, not something I would use as a positive. So hes a dick, many artists/author are.
 
Jesus wept. Once again. CD Projekt never conducted any illegal activity. What you're referring to is what the founders of the company did BEFORE the company was formed. By 2002, when they started working on The Witcher 1, they were LARGE.
Large is relative. In either case the author refused to take royalties and took the lump sum and bounced. That's the point here. The rest is really a pointless discussion of the known details of the deal and the aftermath of multiple offers after that were refused.

The success which was in part due to the work that he created.
No one even knew what the hell witcher was outside of eastern Europe. Their the reason the IP is even in the heads of millions upon millions. This isn't lord of the rings or Harry potter.
 
I don't think that's known as of now. But he's consulting/advising the writing team, so I guess he gets something out of it. And I don't think he'll make the same mistake twice.
Then it looks like he's trying to right the ship and make this show the one people will mostly associate the franchise with. It's kind of working since whenever I hear talks about it there's always someone that will bring up the books alongside it being a video game franchise.
 
Weird, I remember reading the books before the games, and I’m not polish. You think CDPR would have been as big today without an ip like the Witcher, the first game played like shit and was super buggy, for me at least it was the lore and story the made me complete it. That you tell me CDPR slaved their employees is kinda funny since their known for their heavy crunch time, not something I would use as a positive. So hes a dick, many artists/author are.
lol you know what was on people's minds? Harry potter not The Witcher. Especially not with its relativity poor translations at the time. You were apart of the 1% that read it.
 
A couple of business classes wouldn't hurt the people in this thread.
not just business class...but they need to 'feel' less and 'think' more.

Those supporting Sapkowski are literally taking the idea of 'agreement' and taking a piss at it because 'feelings'.

The idea one can backtrack due to change of hearts on a legal binding agreement one wholeheartedly agrees on then, without being misdirected or duped, is ludicrous. This is just madness. It's like agreements doesn't matter...it's all about feelings.
 
Weird, I remember reading the books before the games, and I’m not polish. You think CDPR would have been as big today without an ip like the Witcher, the first game played like shit and was super buggy, for me at least it was the lore and story the made me complete it. That you tell me CDPR slaved their employees is kinda funny since their known for their heavy crunch time, not something I would use as a positive. So hes a dick, many artists/author are.
The first Witcher was also heavily marketed in Poland due to the deal CDPR signed with Agora - the largest media group in the country, which co-financed the game. They used books popularity to get where they are, but Sapkowski also benefited from the games - especially in the English-speaking world. It's mutually beneficial.
 
What the heck? No, that's not why we're arguing for Sapkowski.
I said "a lot" not all ..

IMO no one's actually been screwed here.. A rich author who undoubtedly benefited financially in book sales and other media is suing a mega rich software company who undoubtedly benefited from his IP.. There's no downtrodden hero here yet, I think, many people are projecting their own world views and picking a side.

The bitter hard-nosed "that's business" view versus the "fuck the greedy corporations" view.

There's no "good" side to this just greedy people and lawyers duking it out. But people love to take a grey issue and turn it into good versus evil.
 
Then it looks like he's trying to right the ship and make this show the one people will mostly associate the franchise with. It's kind of working since whenever I hear talks about it there's always someone that will bring up the books alongside it being a video game franchise.
The show is based on the books, not on the games.
 
They're gonna settle, first to make this go away and second to be able to make more games in the future, because I doubt Sapek was drunk enough to grant them the rights in perpetuity.
I highly doubt their making another one. Especially not with 2077 on the horizon. It's best to leave it in the dust. Maybe do gwent for the next 27 years...:p


if it makes money of course.
 
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