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Disney are not paying royalties to writers from properties they have acquired from Lucasfilm or Fox.

Wrexis

Wrexis

Member
Nov 4, 2017
21,247
www.sfwa.org

#DisneyMustPay Alan Dean Foster - SFWA

Alan Dean Foster and SFWA President Mary Robinette Kowal discuss the non-payment by Disney of several contracts for works including multiple Star Wars and Aliens novelizations.
www.sfwa.org www.sfwa.org

Disney are not paying Alan Dean Foster among others.

Disney's argument is that they have purchased the rights but not the obligations of the contract. In other words, they believe they have the right to publish work, but are not obligated to pay the writer no matter what the contract says. If we let this stand, it could set precedent to fundamentally alter the way copyright and contracts operate in the United States. All a publisher would have to do to break a contract would be to sell it to a sibling company.
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That's not how a contract works Disney.
 
TheBaldwin

TheBaldwin

Member
Feb 25, 2018
8,285
That's awful, and presumably very illegal (Although i assume disneys mosh pit of lawyers have probably found a stupid workaround)
 
Vimes

Vimes

Member
Oct 25, 2017
2,278
I did not expect Splinter of the Mind's Eye to be the centerpiece of a battle for the future of copyright.

Does this mean Disney is stiffing all the Legends EU writers? 🤔
 
Spacejaws

Spacejaws

One Winged Slayer
Member
Oct 27, 2017
7,814
Scotland
Fucking Disney trying to nickle and dime. Honestly the company culture is so antithesis to the image it wants to portray that it makes it's many attempts to appear open, forward thinking and honest as shallow as it gets.
 
WillyFive

WillyFive

Avenger
Oct 25, 2017
6,979
Netflix has been doing a similar thing; since their shows stay on Netflix, their writers don't get royalties that are normally gotten by selling the show to other places.
 
PanickyFool

PanickyFool

Banned
Oct 25, 2017
5,947
I just checked and Disney bought the company 100%, not assets or any kind of alternative sale methodology. So Disney is 100% on the hook here unless those royalty contracts had a termination clause if the company George sold the company.
 
Silver-Streak

Silver-Streak

Member
Oct 25, 2017
3,007
PanickyFool said:
I just checked and Disney bought the company 100%, not assets or any kind of alternative sale methodology. So Disney is 100% on the hook here unless those royalty contracts had a termination clause if the company George sold the company.
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Yeah, the only way Disney had legal standing is if the contracts the writers signed were hot garbage due to Lucas.
 
Lausebub

Lausebub

Member
Nov 4, 2017
3,151
Fuck them. This is just so infuriating. You are one of the richest companies but still try to avoid paying people like the pest.
 
sangreal

sangreal

Banned
Oct 25, 2017
10,890
WillyFive said:
Netflix has been doing a similar thing; since their shows stay on Netflix, their writers don't get royalties that are normally gotten by selling the show to other places.
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While that sucks too, that is something known up-front when they sell the project to Netflix. There have been some exceptions to that too

That said, this could be something specific to Foster's contract -- while OP says it is happening to him among others, the article only says it could happen to others
 
FuzzyWuzzy

FuzzyWuzzy

Prophet of Truth
Member
Apr 7, 2019
2,090
Austria
WillyFive said:
Netflix has been doing a similar thing; since their shows stay on Netflix, their writers don't get royalties that are normally gotten by selling the show to other places.
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That seems quite different though. Netflix is being egotistical in not syndicating their shows, though they aren't breaking any contracts with that.

Disney is straight up claiming to own the rights transfered in a contract without the obligations attached to said contract
 
LabouredSubterfuge

LabouredSubterfuge

Member
Oct 27, 2017
3,351
Wrexis said:
www.sfwa.org

#DisneyMustPay Alan Dean Foster - SFWA

Alan Dean Foster and SFWA President Mary Robinette Kowal discuss the non-payment by Disney of several contracts for works including multiple Star Wars and Aliens novelizations.
www.sfwa.org www.sfwa.org

Disney are not paying Alan Dean Foster among others.



That's not how a contract works Disney.
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Ok so that is how a contract works if the parties agree as to how the contract works.

The concept of privity of contract means that Disney are not necessarily bound by the terms of the contract binding LF and ADF. ADF doesn't understand how this works. There could be a clause which requires that assignees etc. are to be bound by the same terms but my experience is that such terms are difficult to enforce.
 
ClydeBonFrog

ClydeBonFrog

Member
Apr 17, 2018
295
Are they doing this on the film side as well? Like 20th Century Fox movies that were made before the merger, are the writers on those receiving royalties for TV syndication and so on?
 
Geode

Geode

Member
Oct 27, 2017
4,457
Without seeing the contract, I don't have an opinion. The courts will handle it.
 
AnotherNils

AnotherNils

Member
Oct 27, 2017
11,936
Did some lawyer use this to tell them they could recoup the cost of buying Fox? Because this is crazy pants
 
subpar spatula

subpar spatula

Refuses to Wash his Ass
Member
Oct 26, 2017
22,129
Disney don't care. They know their fanbase doesn't care. They've seen time and time again that whatever controversy hits them doesn't do anything so... lol. These large megacorps are too big and nothing damaging actually harms them anymore. They should have been dented with thanking the Chinese security company in Mulan but nope. It'll just continue.
 
BringBackSonics

BringBackSonics

Member
Oct 27, 2017
45,213
Seattle
LabouredSubterfuge said:
Ok so that is how a contract works if the parties agree as to how the contract works.

The concept of privity of contract means that Disney are not necessarily bound by the terms of the contract binding LF and ADF. ADF doesn't understand how this works. There could be a clause which requires that assignees etc. are to be bound by the same terms but my experience is that such terms are difficult to enforce.
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so did LF screw over ADF, or did ADF should have had a lawyer review the contract first?
 

Deleted member 1476

User requested account closure
Banned
Oct 25, 2017
10,449
TheBaldwin said:
That's awful, and presumably very illegal
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tenor.gif
 
Tavernade

Tavernade

Tavernade
Moderator
Sep 18, 2018
8,630
I can't imagine these books sell enough that royalties actually hurt their bottom line. It's bizarre to me they're trying to nickel and dime writers like this.

Theme park patrons I get, but they don't sign a contract that Disney then ignores after paying extra for a cup cake firework party.
 

Deleted member 43

Account closed at user request
Banned
Oct 24, 2017
9,271
LabouredSubterfuge said:
Ok so that is how a contract works if the parties agree as to how the contract works.

The concept of privity of contract means that Disney are not necessarily bound by the terms of the contract binding LF and ADF. ADF doesn't understand how this works. There could be a clause which requires that assignees etc. are to be bound by the same terms but my experience is that such terms are difficult to enforce.
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Yeah, it's possible (even probable) Disney is legally in the right, even if that is seriously fucked up.
 

Deleted member 25606

User requested account closure
Banned
Oct 29, 2017
8,973
That's straight shit. Even if the contracts put them in the right and they are okay legally, it's still very unethical and morally wrong.

Bottomline creators and artists should be paid for their work, and if you are selling that work you should pay them no matter what.

I generally like Disney and have been impressed with Marvel under them, but this makes sure I overall spend less and will keep an eye out to see if it gets worse. This is something to actually get upset about.
 
Wubby

Wubby

Member
Oct 27, 2017
3,857
Japan!
I wonder how many people are actually still buying Splinter of a Minds Eye or the Alien novelizations in 2020. And the value of those royalties vs the cost of the lawyers.
 
StallionDan

StallionDan

Banned
Oct 25, 2017
7,705
Wubby said:
I wonder how many people are actually still buying Splinter of a Minds Eye or the Alien novelizations in 2020. And the value of those royalties vs the cost of the lawyers.
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The Aliens novels have been getting reprints every few years since the 90s so I assume they are still popular, but it not just the novels, characters and creations from them have been used for merchandise, used in films, turned into comics (and vice versa). I'd assume Disney snatching it all away.
 
SageShinigami

SageShinigami

Member
Oct 27, 2017
30,474
This is...gross. The people who destroyed copyright law so they could own Mickey Mouse forever doing something like this isn't a shock, though.
 

Mills

Member
Oct 28, 2017
244
I will buy this company's assets but I'll pass on their liabilities, cool? Cool.
 
NookSports

NookSports

Member
Oct 27, 2017
5,211
Sometimes contracts do have clauses that void them if ownership of the company substantially changes.

That said I thought royalty payments were part of all the WGA and other unions. Seems pretty fucked up from Disney to screw ppl over like this.
 
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