Excellent opportunity but who would agree to this ?

[Ezri's Toy]

The call for adventures that Decipher put out a few months ago is a great opportunity for new RPG writers. My friend and co-GM were thinking of submitting our adventures and ideas for a series of adventures. But, one thing has us worried: The RPG Author agreement Decipher's using is a bit fishy.

I disagree with the provisions of paragraph 6, but I understand that this is the usual "boiler plate" agreement that many companies use.

but Paragraph 4 is ridiculous. Here it is:

4) Author understands that Decipher is not promising to nor is it required to publish the RGA; however, if the RGA is published in a medium that lends itself to giving credit for the RGA, Decipher may give credit to Author as the writer of the RGA. Further, Author understands that s/he may not sell, give, lend, lease, use or loan the RGA or any portion thereof to any third party.

It says Decipher MAY give credit, not WILL give credit. Why would *anyone* write something for someone when there's the possibility that they aren't going to receive credit for their work ?

To be sure, it has my partner and I seriously re-considering submitting anything to Decipher under these provisions.

[KillerWhale]

Hey all,

I work in the publishing business among other things, so I know the typical contracts that float around.

Do not sign this. This is a proof of disrepect to the author. I firmly believe that an author MUST be credited for his work - it's not a "may" situation. This is unacceptable.

Geez, Don, maybe this little phrase is in your Starships contract...

[Ergi]

I might be wrong about this, but I find it even worse that you are not allowed to give the material to any third party.
Okay, as long as Decipher has the exclusive right on the Star Trek RPG this doesn't really matter, but unless I am mistaken everything you send to them together with a signed form becomes their property. This means even if they decided to never publish or even look at your work you won't be allowed to sell it so someone else. And they don't even have to give you money for it. As long as they don't publish it you will not receive anything.

[KillerWhale]

Ergi,

This clause is rather standard - it happens often, especially in the States.

What's lacking is that the publisher always gives something in return for this. Often, VERY good money.

When I translate novels, I do have to sign this kind of clause. But needless to say, I'm paid in return.

Looks like Dec has all rights in this agreement and no duties. A bad agreement if you ask me.

[CorpBoy]

Originally posted by Ezri's Toy
It says Decipher MAY give credit, not WILL give credit. Why would *anyone* write something for someone when there's the possibility that they aren't going to receive credit for their work ?

Heck, Decipher screwed up the credits to Starships. I'm completely ignorant about the book publishing biz, but isn't a mistake just about the worse one a publisher could make?

[Ergi]

Originally posted by KillerWhale
Ergi,

This clause is rather standard - it happens often, especially in the States.

What's lacking is that the publisher always gives something in return for this. Often, VERY good money.

When I translate novels, I do have to sign this kind of clause. But needless to say, I'm paid in return.

Looks like Dec has all rights in this agreement and no duties. A bad agreement if you ask me.

I just wanted to add that I don't care about the money as much as it might seem. It just bothers me that of they decided to do nothing with the stuff you had sent to them you wouldn't even be allowed to put it into the web for free.

[qerlin]

I'm writing for Heresy Games, right now. This is a bullshit contract. If they won't give credit, they don't deserve your stuff. And after the Starships bit, I'd not work for these guys.

The more I hear about this company, the less I like it.

[StyroFoam Man]

This message has been removed on request by the
poster

[Lancer]

I read the contract a while ago, right after they started their call for writers and let me tell you, 2 seconds after I finished reading it I had decided seeing my name in print wasn't worth putting up with a contract like this.

[Liz Not Beth]

This message has been removed on request by the
poster

[Ezri's Toy]

For those that haven't downloaded it yet, here's the full agreement. After reading it again, I found that paragraph three also makes explicit that Decipher will do what it wants with your work. . . including not crediting you.

Plus, considering payment stipulations, you'd have to keep meticulous records to prove that you were a "third-time author" in case you had take Decipher to court regarding what was paid.

As many have said here before me, this is a crap agreement. The only good thing about it, at all, is the fact that they'll pay on acceptance and not on publication.

Based on this agreement, in my opinion, Decipher needs to hire new legal counsel.

RPG Adventure Author Agreement
This is an Agreement between Decipher, Inc. located in Norfolk, VA and _______________________ (“Author”) residing at __________________________________________________ ___________, and is entered into on _____________ 20___.

1) Author has independently written a roleplaying game adventure (“RGA”) its working title is _____________________________ and is hereby agreeing to sell the RGA to Decipher for 1/2 a cent per accepted published word for first time Authors, 2 cents per accepted published word for second time Authors, and 5 cents per accepted published word for third time (and thereafter) Authors. Payment will be made in US currency. Author agrees that the compensation to be paid to Author under this Section 1 shall be the sole payment to Author.

2) Author warrants that the RGA being sold under this Agreement was written by Author exclusively and that the Author is the exclusive owner of the RGA including all copyrights, trademarks, tradenames, characters, and other proprietary rights; and that Author has the authority to sell the RGA to Decipher.

3) Author agrees that by signing this Agreement s/he is selling, transferring and assigning all his/her right, title and ownership interest in and to the RGA, including without limitation worldwide copyrights and any moral rights in perpetuity. Further, Author understands that Decipher will have the sole and exclusive right to use the RGA in anyway it wants, in any medium it wants, throughout the entire universe without additional compensation or credit to Author.

4) Author understands that Decipher is not promising to nor is it required to publish the RGA; however, if the RGA is published in a medium that lends itself to giving credit for the RGA, Decipher may give credit to Author as the writer of the RGA. Further, Author understands that s/he may not sell, give, lend, lease, use or loan the RGA or any portion thereof to any third party.

5) Author is solely responsible for any and all state and federal income taxes (or applicable international taxes) and/or FICA taxes due as a result of any money paid under this Agreement. Author acknowledges that s/he was not hired in any capacity, including as independent contractor or employee, by Decipher to write the RGA. Author will not hold him/herself out as an employee, contractor or agent of Decipher. Author shall not be covered by Decipher’s workman’s compensation, medical insurance or any other type of employment benefit. Where required by law, Decipher will send complete an IRS Form 1099.

6) Author covenants and agrees that Author shall hold Decipher harmless from any claim made against Decipher or any of its officers, directors or employees that arises directly or indirectly out of this Agreement, including but not limited to any claim based upon copyright infringement, unfair trade practices, right of publicity violation, right of privacy violation or defamation.

7) Decipher promises to pay Author the amount stated above upon acceptance by Decipher of the final version of the RGA. Nothing contained herein shall obligate Decipher to accept the RGA.

8) This Agreement shall be construed, without regard to the conflict of laws rules contained therein, governed and enforced in accordance with the laws of the Commonwealth of Virginia and jurisdiction for any dispute shall be the appropriate state or federal court located in Norfolk, Virginia.

Read and Agreed:
________________________________ ________________________
Author’s Signature
Anthony Vittone
General Counsel
Decipher Inc.
Author’s Name:
Age:
Address:
SSN#

[Ezri's Toy]

Originally posted by Liz Not Beth
Yikes. Is that even legal?

If you sign it, that means you agree to it. And, yes, that's legal.

Please note: I am NOT an attorney-at-law. If you need true legal counsel, please seek out a licensed professional.

[KillerWhale]

The "may" here is incredible. There is no may in a contract. There are musts, will, won't, but no may. If you want to say may, you don't write the phrase, period. Contracts define what is possible and what is not. Not what could be. That's nonsense.

As for the legality of all this, not putting the name of the author is, to my knowledge, legal in the States. It is not in most European countries (France I'm sure of) where intellectual property cannot be transmitted, and the name of the author can never be removed.

I will finish by saying the fees are ridiculous, even for experimented authors. (Ergi: I know you didn't want to do it for the money, neither did I )

[Doug Burke]

Honestly, guys, I think you're over-reacting a bit. The only instance I've ever seen of Decipher not giving credit where it was due was a mistake. And a mistake they owned up to as quickly as possible.

[Dan Stack]

It is not in most European countries (France I'm sure of) where intellectual property cannot be transmitted, and the name of the author can never be removed.

I'm curious about that one - what do you mean that intellectual property cannot be transmitted or the author of a product removed? Does that mean, for example, that if I write a script-for-hire for a French television show, I am the copyright holder for that script?