Witcher Creator Demands $16 Million from CD Projekt

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The original writer of the Witcher Novels, Andrzej Sapkowski, is demanding "at least" sixty million Polish Zlotys (equivalent to about $16.2 million USD) from Witcher game developer and publisher CD Projekt. The author and his lawyers claim Sapkowski's compensation is too low relative to the success of the Witcher franchise, and that the original contract only covered "the first in a series of games." In response, the developer called the claims "groundless." Despite the hostile legal language, the original letter claims that Sapkowski doesn't want to go to court over this, while the Witcher devs say "It is the Company's will to maintain good relations with authors of works which have inspired CD PROJEKT RED's own creations. Consequently, the Board will go to great lengths to ensure amicable resolution of this dispute." Interestingly, in a 2017 interview with Eurogamer, Andrzej Sapkowski criticized himself for accepting a lump payment instead of a percentage of the IP's profits.

"I was stupid enough to sell them rights to the whole bunch," he says. "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."
 
Didn't the original creator already take a lump sum of money during the development of the first one? I seem to recall that the original writer stating that he didn't think the series would be popular in video game format.

Sounds like Sellers remorse.
 
Apparently Polish law does allow for this to occur.

Interested to see how this pans out - whether within Polish law or if it goes up to something in the EU.
 
If the game had done poorly, would he have given them back some money to offset their lack of success? Going to go out on a limb and say no. He blatantly decided on taking the lump sum up front, rather than playing the long game, his loss.
 
Clearly a case of sour grapes.

No one would have even heard of this guy if CD Project Red hadn't made these games.

Krenum said:
Didn't the original creator already take a lump sum of money during the development of the first one? I seem to recall that the original writer stating that he didn't think the series would be popular in video game format.

Sounds like Sellers remorse.
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It's right there in the OP. The last sentence in italics, pretty hard to miss if you read it before you posted.
 
Krenum said:
Didn't the original creator already take a lump sum of money during the development of the first one? I seem to recall that the original writer stating that he didn't think the series would be popular in video game format.

Sounds like Sellers remorse.
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Never saw someone that could write and not read.
 
Probably depends on how the contract was written for the lump sum he received to if he has any ground to stand on.

Frequently taking the lump some is a better option. Particularly when you’re dealing in the entertainment industry as a lot of creative accounting goes on to shift profits off the books so someone with a contract to get a % of profits gets nothing.
 
Sounds like it's entirely on him.

It seems crazy to me to not have negotiated for the lump sum, with a much smaller percentage of profits, just incase the thing took off.
 
While my initial reaction is to tell him to "Fuck Off", I think there is a case from CD Projekt Red's perspective to entertain a deal.

I would entertain offering him a small sum, and an additional % contingent on producing another story line for a new IP line.

"Here's a small carrot and a heartfelt thank you, but if you want a long term compensation package you will have to put up again" And since it is in his very best long term interest, perhaps he would be properly motivated to follow through.
 
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DNMock said:
Ironically, it was the success of the games that has really made his book sales spike and led to the Netflix deal. The fact that CDPR offered him the best deal, he rejected it and now wants to do a take-back is pretty garbage.
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This right here. Had CDPR not made Witcher 3 such an utter masterpiece technically besides merely the story , there would be no Netflix deal or book surge and this thread wouldn't exist.

The guy seems like a shithead.
 
focbde said:
Trying too hard to get that much-coveted 'FIRST!!!(§%!"' comment. :D
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tenor.gif
 
fuck that shit. guy needs to accept he made a bad deal wanting all his money now. he got it. Deal is done.
 
Tough shit. He was given the option and he choice poorly. Honestly he proabably made the right choice at that time since CDP was a small unknown developer. Either way he should be happy still cause he getting paid for the up tick in his book sales and the pay day he got from Netflix for the TV serise.
 
haha what an idiot. after star wars and lucas everyone knows(me) you go for the royalties and ownership at least in some part.
 
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Ahh come on now. This guy already scored once for you, double because he made a bad deal on top with providing a great IP that has given them a 3x title run. The interest on what they didn't have to pay him would be a "nice gesture" and use that and a much nicer carrot to get him to shit you something else worth developing on. It's called an investment.

Get in touch with your inner Jew ffs.

Apologies, I've been watching a lot of Deadwood lately and couldn't resist :angelic:
 
Excellent author, but after I took the time to read prior interviews with him a few years back it was painfully obvious how he has never taken the time to play a video game and frankly doesnt understand what all the fuss is about in regards to them.

So I am not surprised that he took the deal he did. Hell it could have been a AAA developer (back then, we all know CD Projekt is for sure one now) and he still would have taken a cash upfront only deal.
 
My $0.02. The guy got his extra money from the witcher 3's success in the form of a payday form book sales and TV rights. It's a money making team though, and if the netflix series is a success, some of that light will shine back on CDPR, so offer him a small percentage of future witcher games going forward. No actual check writing right now, and maybe some money to be made by all later.
 
lcpiper said:
While my initial reaction is to tell him to "Fuck Off", I think there is a case from CD Projekt Red's perspective to entertain a deal.

I would entertain offering him a small sum, and an additional % contingent on producing another story line for a new IP line.

"Here's a small carrot and a heartfelt thank you, but if you want a long term compensation package you will have to put up again" And since it is in his very best long term interest, perhaps he would be properly motivated to follow through.
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The problem is, he signed over the whole kit and kaboodle for the initial lump sum. Figuring to get his money all up front, because he didn't think the property would take off.

He figured wrong. Shit happens.

And renegotiating at this point is almost entirely based on whatever goodwill CD Projekt decides is appropriate. Because, according to their contract, they're free and clear to do whatever the hell they want.
 
If OJ can get acquitted, then this guy can get his 16 mil. Doesn't make it right. But he simply needs good attorneys.

With that said, I have zero respect for him not manning up to the deal that HE INSISTED ON.
 
Chas said:
The problem is, he signed over the whole kit and kaboodle for the initial lump sum. Figuring to get his money all up front, because he didn't think the property would take off.

He figured wrong. Shit happens.

And renegotiating at this point is almost entirely based on whatever goodwill CD Projekt decides is appropriate. Because, according to their contract, they're free and clear to do whatever the hell they want.
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I think you are missing my point. I said I agree that he made his deal already and CD Projekt Red owes him nothing. But at the same time, this guy produced worthwhile IP for them and it's not impossible that he could do so again. It's only good business to promote your IP providers so do some more good business, give the man a little carrot with an agreement for more of what he really wants, a % if he'll produce more good IP for them. It's called looking to the future and doing business. This guy could potentially bring in some terrific IP so encourage him, don't just tell him to fuck off even if you have every right to. You want him to take his next IP to someone else? Your competition?
 
Krenum said:
Didn't the original creator already take a lump sum of money during the development of the first one? I seem to recall that the original writer stating that he didn't think the series would be popular in video game format.

Sounds like Sellers remorse.
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Yes he did, so it is highly unlikely that he will have much of a case against CD Projekt red.
 
lcpiper said:
I think you are missing my point. I said I agree that he made his deal already and CD Projekt Red owes him nothing. But at the same time, this guy produced worthwhile IP for them and it's not impossible that he could do so again. It's only good business to promote your IP providers so do some more good business, give the man a little carrot with an agreement for more of what he really wants, a % if he'll produce more good IP for them. It's called looking to the future and doing business. This guy could potentially bring in some terrific IP so encourage him, don't just tell him to fuck off even if you have every right to. You want him to take his next IP to someone else? Your competition?
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browsing his works, it looks a little like he is done, and is hoping to get a big enough paycheck from suing as to not have to work anymore, ever.
 
Zedicus said:
browsing his works, it looks a little like he is done, and is hoping to get a big enough paycheck from suing as to not have to work anymore, ever.
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Well he hasn't sued yet at all. Says he doesn't want to sue.
 
lcpiper said:
I think you are missing my point. I said I agree that he made his deal already and CD Projekt Red owes him nothing. But at the same time, this guy produced worthwhile IP for them and it's not impossible that he could do so again. It's only good business to promote your IP providers so do some more good business, give the man a little carrot with an agreement for more of what he really wants, a % if he'll produce more good IP for them. It's called looking to the future and doing business. This guy could potentially bring in some terrific IP so encourage him, don't just tell him to fuck off even if you have every right to. You want him to take his next IP to someone else? Your competition?
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At the same time where do you draw a line? A contact is a contract. If you hire somebody to paint your house for $1000, you sign a contract for $1000 and when done they tell you they did such a great job they think they should get $1500 instead. Even if they did a good job and you think you might hire them again do you so ok and pay them $1500 or do you say that your contract was for $1500 and say that next time you can work on better terms. They offered him a cut of the profits, he turned them down. Now he wants a chance to go back and redo the contract. Many people would love to do that. Star athlete gets picked up by a team then doesn't do very good or gets injured, while somebody passed up does better. Can the pro teams go back and say you know what, I had a hire draft pick than you did that year give me that player now as I decided that we should have taken him? Person turns down a job offer only to find it would have been a better choice, can they demand that the person hired instead be fired and they be hired?

At this point the man is 70. I wouldn't expect him to be cranking out that many new books, especially since he hasn't published much here in the last few years. So I don't think "upsetting" him is much of a risk.
 
The GoG/CD Projekt Red guys seem they are on the "good guy" team, I hope and think they will make it right. I'm sure the success even surprised them.
 
Exavior said:
At the same time where do you draw a line? A contact is a contract. If you hire somebody to paint your house for $1000, you sign a contract for $1000 and when done they tell you they did such a great job they think they should get $1500 instead. Even if they did a good job and you think you might hire them again do you so ok and pay them $1500 or do you say that your contract was for $1500 and say that next time you can work on better terms. They offered him a cut of the profits, he turned them down. Now he wants a chance to go back and redo the contract. Many people would love to do that. Star athlete gets picked up by a team then doesn't do very good or gets injured, while somebody passed up does better. Can the pro teams go back and say you know what, I had a hire draft pick than you did that year give me that player now as I decided that we should have taken him? Person turns down a job offer only to find it would have been a better choice, can they demand that the person hired instead be fired and they be hired?

At this point the man is 70. I wouldn't expect him to be cranking out that many new books, especially since he hasn't published much here in the last few years. So I don't think "upsetting" him is much of a risk.
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You draw the line where it makes sense to draw it. If I had several houses, and the contractor did such a good job painting my houses that real estate agents pay me to use pics of my houses for advertising, then paying them to paint my home also earns me income. And if I want to keep earning income, I might should keep the painter engaged as long as it's to my longer term benefit. And there you have it. You have done your own assessment and think the guy is out of gas, a poor investment. I think it costs me little to give him a little with an agreement that he produce more, at which point, should he actually come through good on it, we get to discuss the kind of compensation he really wants. You think he's out of gas, may be, I lose little to find out and potentially gain alot for that little risk. I didn't say to give him the 16 million he's asking for. $150K might be incentive enough with 5-8% negotiable on the next title if we go forward to production on it.

Anyway, not my decision to make.
 
It really annoys me when creators do this shit. Oh you sold your thing and it ended up being worth more? Well too bad. That happens, you shouldn't be entitled to any more money. Particularly when you are talking about something like taking a lump sum vs royalties. If you take a lump sum, what you are saying is "I don't want to risk this not succeeding, so I want the money up front." Fair enough, but then if it does succeed you don't get to be complainy. You chose the safe option, the company took more financial risk by paying out more up front, that's how it goes. Same deal with other way around. If you are willing to do something for royalties/profits instead and share in the risk, you can get a greater reward. But it also means if the product fails, you get nothing. That's the risk you take.

What we see here is a "have your cake and eat it too" situation. The guy didn't think the game would be a success, so he wanted money up front. He wanted to get his cash and go, and then if the game did nothing, no skin of his back he'd already been paid. However now that it has become a huge success, something that has taken quite a while by the way (the first game made money but was not a huge success), he is having seller's remorse and feels like he should be entitled to more.
 
EDIT:

Without seeing the initial contract - and basing it only on the 3rd parties being mentioned - it looks like the lawyers are asking for the money for the sequels (which they say were not included in the contract). They also said that if CDPR wants to buy the rights entirely to the Witcher (which they hint is already in progress), they should pay this money as a way to positively influence the author to sell it to them.

So it looks like the sequels / add-ons may be up for litigation (if what they say is true).
 
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Chas said:
The problem is, he signed over the whole kit and kaboodle for the initial lump sum. Figuring to get his money all up front, because he didn't think the property would take off.

He figured wrong. Shit happens.

And renegotiating at this point is almost entirely based on whatever goodwill CD Projekt decides is appropriate. Because, according to their contract, they're free and clear to do whatever the hell they want.
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If anyone would RTF (I apologize to the one poster about that did!) then you would know that he did not sign over the whole "kit and kaboodle"..His contract was for a single work (even if not specified, Polish law makes this distinction" which means he is able to make a legal claim for additional compensation for BOTH sequels. There is also a provision in Polish law where if the work in question brings in WAY more money then initially thought then the royalty holder has the right to argue for increased profits since the company benefited from these increases as well..It remains to be seen how a court would see that point since he does not have a "royalty" agreement in place for the first, but has a case they used his work and IP for the follow on games...

It is sad that the guy is old and has never played the games, but its not his thing. As for what we think of his character, the law is the law and I honestly do not feel is wrong to ask for a small piece of the pie. We have no idea what he plans to do with that money, but CDPR is going to give it to him..They just want a quiet negotiation so they can keep milking the cash cow.
 
ccityinstaller said:
If anyone would RTF (I apologize to the one poster about that did!) then you would know that he did not sign over the whole "kit and kaboodle"..His contract was for a single work (even if not specified, Polish law makes this distinction" which means he is able to make a legal claim for additional compensation for BOTH sequels. There is also a provision in Polish law where if the work in question brings in WAY more money then initially thought then the royalty holder has the right to argue for increased profits since the company benefited from these increases as well..It remains to be seen how a court would see that point since he does not have a "royalty" agreement in place for the first, but has a case they used his work and IP for the follow on games...

It is sad that the guy is old and has never played the games, but its not his thing. As for what we think of his character, the law is the law and I honestly do not feel is wrong to ask for a small piece of the pie. We have no idea what he plans to do with that money, but CDPR is going to give it to him..They just want a quiet negotiation so they can keep milking the cash cow.
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Can't speak for polish laws. However in regards to the comment about his contract being for a single games, the document makes it sound like one could twist it to say so. Not that it clearly stated a single game. Lets pick something different here as an example. Lets say a group sat down with Rowlings and stated, "we would like to convert your books into a movie." That could be taken as they were going to take every single Harry Potter book and make a single movie out of them (which seems crazy) or that they are gong to take every book and turn them all into movies (at least 1 movie per book). A lack of understanding of what a movie is could make it easy to get confused as to which is meant. The same here. they could have said that we would like to turn your Witcher series into a game and would like to acquire the rights to do so. To which that could be taken as all the books would be turned into 1 game, or that all would be turned into a series of games. Some times not being perfectly clear can be taken as different things. So it could have or could not have clearly said one game or could have been worded vaguely enough to allow for multiple games.
 
It's hard to nit-pick since we don't have the original contract to look at. It's a he said, we said at this point so no reason to nerd-rage over it quite yet. I love CDPR as a gaming company as much as the next guy but if they only had rights for 1 game or book and they used it for 3, then CDPR should mea culpa when they're in the wrong.
 
purple_monster said:
haha what an idiot. after star wars and lucas everyone knows(me) you go for the royalties and ownership at least in some part.
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Ownership is key; but royalties are hard. Getting a lump sum up front is very smart; the entertainment business has the most imaginative accountants, the number of apparently successful films that never make a profit to share is astounding. I assume Hollywood accountants can screw you out of a % of revenue too; ex bundling the game with video cards is clearly not a sale, and wouldn't generate any revenue, it's actually a marketing expense to supply the download codes and the box art, oh how odd that the card makers sent the distributor a profit share on video card sales, totally unrelated to the game.
 
lcpiper said:
Ahh come on now. This guy already scored once for you, double because he made a bad deal on top with providing a great IP that has given them a 3x title run. The interest on what they didn't have to pay him would be a "nice gesture" and use that and a much nicer carrot to get him to shit you something else worth developing on. It's called an investment.

Get in touch with your inner Jew ffs.

Apologies, I've been watching a lot of Deadwood lately and couldn't resist :angelic:
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No need to apologize. This isn't resetera.
 
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