Tuesday, October 2nd 2018

The Witcher Author Andrzej Sapkowski Gets Sellers' Remorse, Wants $16 million from CD Projekt Red

Well, this was bound to happen sometime - but I expected it sooner, rather than as late as now. The Witcher series has become an incredible success in the videogame department, with each successive entry in the series becoming more and more of a masterpiece, culminating in The Witcher 3 - considered by many to be the ultimate RPG yet. The story for the games' development by CD Projekt Red goes way back to 2000, when the developers approached Andrjez Sapkowski on acquiring the rights to The Witcher, after a failed endeavor from another studio who had already bought the rights, but failed to deliver a game - Metropolis, which counted with Adrian Chmielarz (known for Bulletstorm, The Vanishing of Ethan Carter).

Andrjez Sapkowki's approach to the whole "games industry" informed his decision on how to sell the copyright to The Witcher series' and characters - with a "Well they brought a big bag of money! (...) What I expect from an adaptation: a big bag of money. That is all." And that is what he got, according to himself, though CD Projekt Red's co-founder Marcin Iwinski described it as "(not) a huge amount of money".
The author's stance on videogames as not being "worth his time" shouldn't have informed a business decision, however. Now, following the tremendous success of The Witcher series, the author seems to be growing less and less fond of the "big bag of money" he received - a clean, one-time-only sum pales in comparison to royalties pegged to the games' success and sales.

Of course, these sales and the incredible revenue that CD Projekt Red has derived form The Witcher series of videogames is partly - originally - due to the polish author's world and character building. However, I'd argue that most of the success stems from CD Projekt Red's focused, generous delivery and work ethics looking to elevate the bar ever further (much as they are certainly doing with Cyberpunk 2077). There have been a huge number of games with equally or even more interesting premises that haven't reached - and never will reach - the heights and bar set by The Witcher 3. And that's on CD Projekt's side of the table. As are, of course, the certainly very, very significant increases in book sales for the author in many western countries, which would never even have heard of his name and The Witcher series shouldn't the games have been created and achieved their own success.

The claim and CD Projekt Red's response can be read in the sources of this article; let it only be said, as way of summation, that Andrzej Sapkowski is looking for payment in the order of 6% of total The Witcher profits from CD Projekt Red; that he was looking to finish this deal with no pomp and circumstance and as quickly and quietly and possible; and that CD Projekt Red feels that its contractual obligations have been fulfilled. It may just be that CD Projekt's success offered way too many "big bags of money" for comfort.
Sources: Andrjez Sapkowski's Claim, CD Projekt Red's response, via DSO Gaming, Eurogamer, Meeting Andrjez Sapkowski, Eurogamer, "Seeing Red"
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41 Comments on The Witcher Author Andrzej Sapkowski Gets Sellers' Remorse, Wants $16 million from CD Projekt Red

#26
AsRock
TPU addict
But by giving him money, would they not be admitting they owe him money ?.
Posted on Reply
#27
dozenfury
I'm not sure how Polish law around this kind of thing works, but from what I recall when he sold the rights to them he signed them all away. In the US if someone came back looking for more money because something they sold was worth more at a later date, they'd be totally laughed out of court. CD Projeckt Red might give him money out of kindness or a nice gesture, but that would be his only chance I'd think. It doesn't really matter if it's an item or something they created as in this case, he sold it not expecting it to be as popular as it was later - which was completely due to all the work done afterwards by CD Projekt Red.
Posted on Reply
#28
rtwjunkie
PC Gaming Enthusiast
I say he probably screwed himself with his arrogance about his creation and it’s relation to video games. I agree he is probably owed nothing.

That being said, CDPR has shown itself in many ways to be much more a model of how developers and publishers should act and produce their products. They could continue their good guy image by making a nice gesture and offer him a settlement for much less than he is trying to sue for.
Posted on Reply
#29
AltCapwn
He's greedy as I'm pretty sure he got plenty of money from the sales of the book after CDPR made Witcher famous and he just could had learn from his mistake. Now he just seems plain stupid to had refuse a loyalty based on % at first.

I tried looking for number for his book but couldn't find anything except that "The Last Wish" was in "New York Time BestSeller" during the release of The Witcher 3. I think he should be thankful more that greedy. CDPR success has kicked off because of him and his success is international because of CDPR. They owe mutual respect, and maybe CDPR could offer a realist counter-proposition.
Posted on Reply
#30
Gasaraki
FordGT90ConceptAs CD Projekt said, he really didn't know the potential value of the rights when he signed them over. He has a 1970s worldview. TV and film adaptations are all the rage. Video games are a things nerds do in the parent's basement. He couldn't be further from the truth. CD Projekt basically took advantage of his ignorance. At the time, it made sense for CD Projekt because the risks involved were crazy. It almost didn't work too--Witcher's initial launch was terrible. Somehow they managed to make enough money to create the Enhanced Edition, and then catapult that success into Witcher 2. He came off of one failure and threw CD Projekt a bone because he was expecting another failure. He is not a lawyer nor a fortune teller.
CD Project didn't "take advantage of his ignorance". They offered him % of revenue but because he's ignorant, he didn't take it.
Posted on Reply
#31
FreedomEclipse
~Technological Technocrat~
John NaylorI would rather they give him money and do Witcher 4, 5 and 6
Thats not how it works. Andrzej has already signed away all rights to the witcher. CDPR can make as many games as they want with the IP and do whatever they want with it so long as they dont start writing their own books. Andrzej would get nothing. The only way to achieve your suggested result is if CDPR agreed to nullify/cancel the contract and have it redrawn and at this stage since there is already 3 games + various amounts of DLC out and available, there is zero chance of this happening.

This video here goes into the whole thing a little deeper.... Its the letter from Andrzej's lawyers to CDPR


Note how they are threatening to bad mouth CDPR and create a 'negative shitstorm' surrounding them on social media and all across the internet if they fail to comply and give grumpy guts the money 'He is owed, that he deserves'

Andrzej's lawyers wanted to deal with the situation quietly but since CDPR is a public company, they put it on their website.


Its nothing but extortion at this current point in time.

I recommend everyone to give the video a watch,
Posted on Reply
#32
Unregistered
lol. Sapkowski is an idiot. He let the rights go too cheap to begin with, and that's his fault, no one else's. CD Projekt Red doesn't owe him $hit and I'd give him the middle finger if it were me. He's already benefited wildly from CDPR's games - I've bought all of his books and I would never have even heard of them without the games, and I'm sure there are many others out there who wouldn't have heard of them either, had they not played the games.

Go pound salt Sapkowski.
#33
Pruny
FordGT90ConceptThe $9500'ish was appropriate for Witcher but not the subsequent games.
First game wasnt a big hit, he shouldnt get anything for games allready made.
Posted on Reply
#34
AsRock
TPU addict
PrunyFirst game wasnt a big hit, he shouldnt get anything for games allready made.
Loved the 1st one, was party due to being on the Aurora engine which i knew very well from NWN, liked it even more with the blood patch too hehe.
Posted on Reply
#35
R-T-B
FordGT90ConceptThe $9500'ish was appropriate for Witcher but not the subsequent games.
I'd argue for the rights to a world that, at the time was not well known, it was fair.
Posted on Reply
#36
Vayra86
Let's face it none of us heard of The Witcher until the first game was released. That alone says it all.
FreedomEclipseThats not how it works. Andrzej has already signed away all rights to the witcher. CDPR can make as many games as they want with the IP and do whatever they want with it so long as they dont start writing their own books. Andrzej would get nothing. The only way to achieve your suggested result is if CDPR agreed to nullify/cancel the contract and have it redrawn and at this stage since there is already 3 games + various amounts of DLC out and available, there is zero chance of this happening.

This video here goes into the whole thing a little deeper.... Its the letter from Andrzej's lawyers to CDPR


Note how they are threatening to bad mouth CDPR and create a 'negative shitstorm' surrounding them on social media and all across the internet if they fail to comply and give grumpy guts the money 'He is owed, that he deserves'

Andrzej's lawyers wanted to deal with the situation quietly but since CDPR is a public company, they put it on their website.


Its nothing but extortion at this current point in time.

I recommend everyone to give the video a watch,
Oh wow. This is pure gold
Posted on Reply
#37
FordGT90Concept
"I go fast!1!11!1!"
Sapkowski has claims on "gross discrepancy" while CD Projekt RED has defense based on their contract. I still think they're going to settle out of court.

That said, I'm not sure that CD Projekt RED is on very good financial footing right now. They got a government grant to finish CyberPunk 2077. Would they be asking for grants if money wasn't an issue? They bet the house on finishing that game and it being a commercial success. I'm fairly confident that even if they settle with Sapkowski for as little as $2 million, they wouldn't be able to write a check for that amount and not have it bounce. Sapkowski's settlement will undeniably come out of revenue generated from CyberPunk 2077, not Witcher. If it does go to court, CD Projekt is going to bring that up. Case in point: if the original agreement was for 6%, CD Projekt may have documents showing that they wouldn't have made Witcher 2 because they couldn't afford that much extra royalty cost.

Anything is possible at this point.
Posted on Reply
#38
rtwjunkie
PC Gaming Enthusiast
You’re so doom and gloom. Financial reports here:

. www.cdprojekt.com/en/wp-content/uploads-en/2018/08/key-financial-data_h1-2018.xlsx

“As of the end of June, 2018, the Group held cash, cash equivalents and other monetary assets valued at 607 897 thousand PLN (From the report, 607,897 thousand, with all monies in thousands), and had no outstanding debt under any credit or loan agreements.”

That’s 162 million dollars. They got a grant (which is only $7 million), from an initiative for gaming companies because they could, just like businesses do in the West...because it’s there. I think they are fine.

You forgot about their constant revenue stream of GOG, which was set up to give them steady income between projects, just like Valve did with Steam.
Posted on Reply
#39
FordGT90Concept
"I go fast!1!11!1!"
GOG lost 1.178m PLN or $315,850 in Q2'18. CD Projekt RED is still making a lot of money from sales of games they previously made.
Posted on Reply
#40
jabbadap
dozenfuryI'm not sure how Polish law around this kind of thing works, but from what I recall when he sold the rights to them he signed them all away. In the US if someone came back looking for more money because something they sold was worth more at a later date, they'd be totally laughed out of court. CD Projeckt Red might give him money out of kindness or a nice gesture, but that would be his only chance I'd think. It doesn't really matter if it's an item or something they created as in this case, he sold it not expecting it to be as popular as it was later - which was completely due to all the work done afterwards by CD Projekt Red.
Apparently there is law to this kind of cases. From Polish Copyright law:
Article 44.

In the event of a gross discrepancy between the remuneration of the author and the benefits of the acquirer of author's economic rights or the licensee, the author may request that the court should duly increase his remuneration.
Posted on Reply
#41
R-T-B
jabbadapApparently there is law to this kind of cases. From Polish Copyright law:
There's the rub. Aparently Polish court is different than we are familiar with.

He may have a case, by that wording.
Posted on Reply
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