Andrzej Sapkowski, the author behind the original The Witcher book series, reportedly wants $16 million in royalties from CD Projekt Red. The Polish developer paid Sapkowski at some point in the early 2000s so that the studio could create The Witcher, and that game obviously spawned the series that we now know. However, Sapkowski asked for a bulk sum of money rather than a percentage of the profits, because, in his own words, he didn't believe in CD Projekt Red's success.
Skip forward a decade or so and The Witcher 3: Wild Hunt is widely regarded as one of the best role-playing games ever made, and has made the developer a huge pile of dosh. And now, Sapkowski wants in on some of that success.
Apparently, Sapkowski's argument is that CD Projekt Red only paid him for the first game, so everything past that -- The Witcher 2, The Witcher 3, the expansions, and even Gwent -- is making money from his property without giving anything back. Sapkowski's legal representative gave the developer until the 19th October to respond.
However, CD Projekt Red has already responded. In a regulatory notice, the company states that Sapkowski's demands are "groundless", and that the developer refuses to give Sapkowski any royalties. "The Company had legitimately and legally acquired copyright to Mr. Andrzej Sapkowski's work, i.a. insofar as is required for its use in games developed by the Company. All liabilities payable by the Company in association therewith have been properly discharged," the notice reads. In other words, CD Projekt Red believes that the initial transaction with Sapkowski covers everything.
It's a bit of a weird one, because you've got to wonder why Sapkowski has only now demanded additional payment from CD Projekt Red. The Witcher released all the way back in 2007, and Sapkowski's been quiet this entire time. It could be that recently announced spin-off RPG, Thronebreaker: The Witcher Tales, has caught his attention.
Anyway, what do you make of this? Put your witcher's investigation skills to the test in the comments section below.
[source gamesindustry.biz]
Comments 39
This is a pretty crazy story when you stop to think about it. As far as CDPR is concerned it owns the rights and it can do whatever it wants.
Also worth noting that The Witcher books have very likely seen an increase in popularity — especially globally — due to the success of the games. I wonder if that'll be brought up at all.
Sorry not sorry. This is on him. I would not be shocked if they end up cutting him a check but not 16 million...
It sounds like he probably should've worked out a better deal, at that's what I think. Now the developer has a licence to play with, and he's losing out because he assumed the series wouldn't be a success. That's what I'm taking away, so feel free to correct me if I'm wrong.
Obviously not having any inside knowledge of how this all came about I can only call it how I see it and it seems like a lot of 'LOL, you guys have no chance' to now 'Oh sh*t I want it on that!' Not taking sides though. Guy may very well have a case.
Looks at this jealous ass man lmao.
Edit: it should be noted, which it isn't in this article for some reason, that the author admitted he was stupid for getting all the money upfront instead of taking a percentage when he sold the rights.
Pretty self explanatory what's going on here.
Just sounds like greed ,why is he asking for money now after all this time. Wonder how much he will ask from Netflix or will be ask for a stupid amount of it turns out to be a succces. Think he got a set amount CD but the games turned out to be very successful, greed has set in and he wants more money.
@CK97 unless it was edited, which seems unlikely in 4 minutes between our posts, they did state that in the article in the first paragraph...
It his own fault that he doesn't believe cdprojekt will success lol.
The guy's a great author - I started reading them after getting massively sucked into Witcher 3 last year - but I read an interview with him and he makes it clear that he looks down on video games as a narrative artform, even though he claims not to even play them, which is probably why he went for the lump sum as he thought it would fail as a game series. I respect him as an author, but he does come across as rather arrogant...I don't feel sorry for him.
The guy just didn't value videogames as a serious medium. Contrast that to Mike Pondsmith who's working with the same developer closely on Cyberpunk.
I was searching around and found this quote from him on the transaction from last year.
“I was stupid enough to sell them rights to the whole bunch,” Sapkowski told Eurogamer. “They offered me a percentage of their profits. I said, ‘No, there will be no profit at all - give me all my money right now! The whole amount.’ It was stupid. I was stupid enough to leave everything in their hands because I didn’t believe in their success. But who could foresee their success? I couldn’t.”
He just sounds like a greedy grump that wants in on the hardwork that CDPR put into the games, especially after the success the IP has had.
Shame what @NintendoFan4Lyf said about the laws in Poland.
He made the bed, now lay in it.
I'm all for authors like Sapkowski getting royalties for the successful adaptations of their material, but let's admit it, the situation as described here spells a blatant contractual oversight that has indeed left CD Projekt long through with what was factually asked of them. Unless the contract clearly said "use the IP for one game" or unless he sold a certain part of the IP (book events, characters etc) that was exceeded by subsequent games, business unfortunately - or, perhaps, fortunately - doesn't work like "I sold you my shovel too cheap way back when, but now that you've used it to dig up a treasure in your backyard, I'd rather be paid more post factum". Making money off his creation sounds like it was exactly what he charged them for, and he consciously went through with the kind and amount of payment in question.
As the creator of this whole universe in question, he could have at least, I dunno, simply ask for some honorary extra royalties instead? Or some other friendly "and I'll scratch yours" deal like CD Projekt helping with some promotion of his books now? Alas, since the talks started with a demanding tone which has obviously left the other party baffled, such neighbourly relations may be more complicated henceforth.
I can see this. Maybe He didn't care about Witcher series - stupid to sign if over. But now they using the world/name for other things like Tronebreaker. He looking to fix that mistake
Back to the early days of the music industry where songwriter lost their work for ever. Sure it was "legal" but far from right.
Just deal him a settlement. They have the cash.
@NintendoFan4Lyf Thanks for the in depth analysis.
Don't know why anybody would sign away the rights of their own IP forever, "in perpetuity", even for a large lump sum. Why not say for 1 game or 5 years or something? So that's on him.
But if the law states you can legally ask for more - probably created in case someone is swindled, buying something on the cheap when they know it's worth a lot more - but I can't knock him for trying if that is indeed the law.
I predict a settlement. They'll basically just be paying him to shut up and go away at this point, probably with a non-disclosure agreement so he can't bad mouth them on social media or something. So it goes.
As much as i love the work of both parties i just hope it's all sorted out quickly so CD Projekt Red can concentrate on their upcoming Cyberpunk 2077 game.
Let's take a look at the contract shall we?
Well it's obvious he didn't feel the games would become a huge success and until number 3 he was right, now that it's made a lot of money he wants in on it. If he genuinely had an issue about it only being for one game then where was he 7 years ago when the second game was released? Or at any point when these sequels were announced?
@ShogunRok on Eurogamer they have an article which references an interview they had with him just last year, this is what he said then
"They offered me a percentage of their profits. I said, 'No, there will be no profit at all - give me all my money right now! The whole amount. It was stupid. I was stupid enough to leave everything in their hands because I didn't believe in their success. But who could foresee their success? I couldn't."
Clearly he doesn't have a leg to stand on
@carlos82 Yeah I think that interview is pretty damning. I remember reading it when it was first published and thinking "wow, he's sold himself down a river there".
@ShogunRok This is a lovely quote too: "The belief, widely spread by CDPR, that the games made me popular outside of Poland is completely false. I made the games popular. All of my translations in the West—including the English one—were published before the first game."
He claims the games were a success because the spin-off book, The Last Wish, got translated a few weeks before the first game came out. The second book was published in English in 2008, so I'm not sure where he got that from... I love his work, but the guy himself... well, he's a bit of a weirdo.
Source: https://waypoint.vice.com/en_us/article/wn938w/aconversation-with-the-authors-behind-the-witcher-and-metro-2033
@Octane I'm not even sure he can believe that!
@adf86 I missed this comment earlier, but yes, Pondsmith is a total contrast to this. Actively working on Cyberpunk in a kind of creative director/consultant role and clearly loves doing it — accompanies CDPR to all the trade shows, etc.
Couldn't be more different with Sapkowski.
@ShogunRok Well, I'm sure HE can He's just sounds bitter, old and grumpy to me, and now he's even more pissed because he underestimated video games. I remember he got angry once at a convention because more people in the room knew his work through the games than his books. And apparently he couldn't stand the fact that the room was filled with ''young people'', and particularly ''gamers''.
This one's great too :
''I know a few people who played [The Witcher], but I do not know many, because I tend to be among intelligent people.''
Source: https://polygamia.pl/gra-narobila-mi-mnostwo-smrodu-i-gowna-sapkowski-obraza-chmielarza-graczy-i-fanow/
@Octane Haha, bloody hell! Not a good look.
The quote will be lovely in court and won’t help his case at all. Honestly, he even stupider to say this when he’s trying to sue them.
I wouldn't be surprised whichever way this goes, unscrupulous companies are not exactly unheard of, and we don't know the details of the agreement they had with him. He could very well be justified some payment. On the other hand, the world is certainly not lacking in people with dumb claims. I guess we just have to wait to find out.
I must admit, playing The Witcher games got me interested in reading the books which are a fantastic read. But playing The Witcher 3 again after reading the books made the game so much more enjoyable.
For being an author, he doesn't sound to smart here within. But, I'm sure CD will pay him something. He should keep writing, developing. I wonder what he's worth. Think he's broke AF?
@Bonbonetti You're right.
I imagine this comment section would have a very different tone if the games were developed by EA, all else being equal.
Hey Epic Games, did I ever mention my 2010 novel 'The Fortnite Saga'?
Didn't he originally sign off on this because he thought the games would be terrible and make no money because no one could possibly improve upon his work? Yeah, he doesn't deserve the money.
I've heard about this guy, he sounds like a real piece of work. He only gave consent because he was sure the games would be terrible, then later on went to crying and screaming that the games didn't up to his work and were essentially bastardized versions of his books. In truth, he should be grateful because fans of the games have started buying the books, so it's a win/win for this guy. instead, he has done nothing but crap all over the game (and the fanbase) since it was created.
He owes his success to the video games, that should be reward enough for him.
There's also an issue of precedence here. What's to stop authors in the future from coming to claim for more money on some of the properties they legally sold off?
I like the guys books but he's not within his right here unless the agreement language says exactly as much.
Screw that guy, he basically only accepted the money cause he thought they'd fail. But NOW he wants in on the cash, sounds like the greedy selfish human beings that are the Tolkein family.
He's made himself a bad deal in hindsight, happens to all of us in some way or another.
He's working as a consultant on the Netflix show and I'm pretty sure he'll receive royalties since it's based on the books and not off of the game.
He should have set up the royalty payment plan.
Damn, sucks for him but he did screw himself over so CD Projekt Red doesnt have to give him more money.
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