Royalty. Creator shall be entitled to a royalty of 10% of net revenues of Company from the distribution of the Product ("the Royalty"). The value of the Coupons redeemed shall be deducted from the Royalty owed to the Creator. The $8,000 of the original Kickstarter Revenues budgeted to the Creator and kept by him following the Transfer of Production Funds shall be considered a recoupable advance to Creator against the Royalty.
So, James got paid $8k for his work on Dwimmermount and gets a 10% royalty of net revenues of future Dwimmermount sales made by Autarch.
But wait, redeemed coupons, you know, the ones Autarch is giving away to those that don't ask for refunds valued at twice the amount pledged into the Kickstarter, get deducted from those future royalties.
But wait, there's more! That $8k is considered an advance against future royalties.
So, between these two mechanisms, it's pretty clear James made $8k on Dwimmermount and is unlikely to see a penny more. I suspect Autarch is going to take a loss, especially considering the numer of folks that have reached out to me to let me know they were going to ask for a refund from Autarch. It seems to be a combination of excessive time, the general fiasco and the LL version's viability.
So, winners? Losers
James made some cash and took a torpedo to his rep.
Autarch has improved their rep vastly, but at an unknown dollar cost.
Purchasers / Supporters of Dwimmermount will finally get a product, greatly delayed and not James' "pure" vision. As I understand it, the "Rat & Copper Room" will remain intact, and that's simply a win for everyone.
Given the fact that asking for a refund in this case would be hurting the "good" guys in this whole situation, I think I'll be letting them keep what little I put into this Kickstarter. I can totally understand those folks who put a ton into it, but if you're only in like $25-30, might as well just let it ride.
ReplyDeleteI don't see how anybody wins. It is a calamity.
ReplyDeleteThe process has been a mess, to be sure. However, there are several positives that look to come out of this, the biggest of which is simply huge: Dwimmermount is going to be Open Gaming Content.
DeleteThe possible implications of this have only barely been glimpsed, yet I already have a book on my gaming shelf - Devilmount - that is completely and distinctly awesome, that may well see months in use at my group's gaming table, and that can thrive in the open only because of Dwimmermount being made open.
There are a staggering number of possible uses for Dwimmermount, and I can't wait to see them develop. In all honesty, had the original Kickstarter promised to provide this benefit to the community, I would have pledged even more, if necessary, to see it successful.
Hey, let me know how DEVILMOUNT goes if you do get a chance to use it!
DeleteWhat does "recoupable advance" mean? Does that mean that if the Royalty doesn't reach $8000 then Autarch takes the balance back?
ReplyDeleteA specific advance is a recoupable advance that is recouped from a specific future income source, e.g., from a single musical composition. A general advance is a recoupable advance that is paid back from a general income source, e.g., from an entire music catalog.
Deletebest i could find with a quick search - so, James gets nothing further until he would have hit 8k in royalties, and even then used coupons count against the royalties
http://wiki.answers.com/Q/What_is_a_recoupable_advance_in_copyright_law
Er, hat tip? >:D
ReplyDeleteThe positive I see is that the creators here get paid (even James) and the backers get a product. Autarch builds a rep and hopefully doesn't suffer financially.
ReplyDelete1 room out of 500 had plain old rats in it (and not just coppers). Just let it go already. That kind of bullying is probably a factor in why he disappeared.
ReplyDeleteZOMG, it's got rats in it. Worst dungeon ever. Yuk yuk yuk.
How is that bullying? I've always assumed James was an adult.
DeleteIn any case, Tavis has stated that the Rat & Coppers room is remaining. It's become iconic to some extent. Go figure.