Article 44. In the event of gross discrepancy between the remuneration of the author and the benefits of the acquirer of the author's economic rights or the licensee, the author may request the court for a due increase of his/her remuneration.
Lawyers for Sapkowksi claim in a letter CD Projekt Red reposted on its website that Polish copyright law entitles him to more royalties based on the now large discrepancy between what the studio originally paid him and how much it has gone on to profit from the copyright. Citing Article 44 of Poland’s 1994 copyright law, they write, “[Article 44] 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.”
For its part, CD Projekt stated it’s also interested in keeping its relationship with the author of the source material on good terms. “It is the Company’s will to maintain good relations with authors of works which have inspired CD PROJEKT RED’s own creations,” it said in the post on its website. “Consequently, the Board will go to great lengths to ensure amicable resolution of this
dispute; however, any such resolution must be respectful of previously expressed intents of both parties, as well as existing contracts.”
If I am understanding this correctly both parties with renegotiate on a new table of remuneration based off of previous intent and existing contracts which I am assuming gives the author the right to a new lump sum.
I think I'd mostly go for a royalty agreement if I created art projects. You never know which ones if any will become a hit. Not saying I'd do that for any paintings I made. I mean for paintings you generally sell each one for normal painting prices in a gallery if you're not famous. But after hearing about all this with the Witcher series I'd ask for royalties for any novel I'd write and take the risk of running short on rent by turning down normal lump sum payments.
Unless he's lying, he did get money. "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."
And now it was successful, he wants a piece of the pie. His arrogant dismissal made him shut out a potential opportunity. He got what he wanted, an agreement was made a long time ago.
He doesn't deserve a penny, and to give him anything sends a terrible message; Kick and scream to get what you want in the age of entitlement.
A message too commonplace in todays age. He shouldn't get a dime. If he didn't crawl back under the rock he came from i'd be taking legal action get him there faster.