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CD Projekt has responded to a request for payment from the Polish author Andrzej Sapkowski, the original creator of The Witcher.
Eurogamer said that CD Projekt had received the application yesterday, in which lawyers acting on behalf of Sapkowski had filed a claim for the payment of additional royalties of PLN 60 million (£ 12.4 million).
Sapkowski has previously expressed regret for having rejected the offer of a percentage of the overall profits of CD Projekt when it sold the rights of an adaptation of its work by a video game. In an interview with Eurogamer's Robert Purchase, he explained that he had demanded full payment in the first place. "I was stupid enough to leave everything in their hands because I did not believe in their success," Sapkowski lamented. "But who could predict their success? I could not. "
CD Projekt has posted a PDF copy of Sapkowski's original application. The Plenipotentiaries of Sapkowski declare that the existing royalty agreements between Sapkowski and CD Projekt "can not (even assuming that they contain the relevant provisions) compensate you effectively against the Author's future claims".
The document then mentions Article 44 of the Copyright and Neighboring Rights Act: "It can be assumed that the standard royalty rates associated with the use of a work, particularly in adaptations, represent approximately 5-15% of the profits generated. . The conclusion of the application is that Sapkowski should be compensated with "at least" 6% of the profits made by CD Projekt.
In addition, the document states that "a careful reading of your contracts with the author could lead to the conclusion that, if the company actually acquired a copyright, it only concerned the first from a series of games, and therefore the distribution. of all other games, including their extensions, additions, etc., is, quite simply, illegal, "although the document goes on to say" Naturally, we do not intend to engage in a debate with you on this point ".
CDProjekt posted his answer over the receipt, stating. "In the opinion of the Corporation, the requirements expressed in the notice are unfounded, both in respect of their merit and the amount stipulated. The company had legitimately and legally acquired the copyright in the work of Mr. Andrzej Sapkowski, for example to the extent necessary for its use in games developed by the Company. All liabilities payable by the Company in association with it have been duly paid ".
It seems that CD Projekt is confident in its position, in that it immediately reacted and rejected the request, while making transparent both its position and that of Sapkowski. Nevertheless, this is a strange twist in the story. CD Projekt always intends to reach an "amicable resolution" in this matter. "However, any resolution of this type must respect the intentions previously expressed by both parties, as well as existing contracts."
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