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Started by David Thielen
Fri, 26 Feb 1999 00:00
Publishing Still Refuses to Pay Royalties ( Head Games / Enemy Nations )
Author: David Thielen
Date: Fri, 26 Feb 1999 00:00
Date: Fri, 26 Feb 1999 00:00
74 lines
4969 bytes
4969 bytes
Hi; If I cross-posted to a non-computer game forum, I'm sorry. WINDWARD STUDIOS, INC. For immediate release February 25, 1999 Two Years and Almost Half a Million Dollars Later: Head Games Publishing Still Refuses to Pay Royalties for Enemy Nations Windward Studios, Inc., announced today that it has filed for arbitration against Head Games Publishing, a wholly-owned subsidiary of Activision, Inc., for non-payment of royalties. Despite having sold over 35,000 copies of the game, Enemy Nations, and grossing almost a half million dollars, Head Games claims that no royalties are due to the developer, Windward Studios. A little background: About 2 years ago, as the development of Enemy Nations was completed, the original publisher, Viacom New Media, was closed down and Windward Studios was left with a finished game, a large debt, and no publisher. Having no interest in publishing the game itself (Windward Studios� expertise and interest is in game development), the company signed an agreement with Head Games in January, 1997 wherein Head Games became the publisher for Enemy Nations. Pursuant to the agreement, Head Games paid absolutely no development costs, advances or any other-up front payments to Windward Studios and, as such, royalties payable to Windward began with the very first copy of Enemy Nations that was sold. During the months of January and February, 1997, Windward Studios shipped review copies to all of the game magazines (paper and web) and got the demo placed on the magazine�s demo CDs. (Yes, that�s supposed to be the publisher �s job�.) Over the next several months Head Games kept promising to "ship shortly." Enemy Nations, in the meantime, was receiving top ratings. The reviews were appearing in the magazines, building demand for the game. The second biggest selling season (Feb/Mar) was slipping by. The game was ready. And they didn�t ship it. Finally, in March, out of desperation, Windward Studios initiated direct web sales. With no experience in manufacturing a game, Windward still managed to begin shipping a full 2 months before Head Games. In May, Head Games finally shipped Enemy Nations; during the slowest selling season of the year (summer), months after the reviews appeared in the magazines, and with absolutely no advertising. (To add insult to injury, Head Games priced Enemy Nations at $29.95; the same price as the shovelware products they had produced up to that point. Every other top-rated game at that time was priced at $39.95 or higher.) What�s happened to Windward since then? When Head Games declined to pay royalties, Windward Studios had to be shut down. But this goes beyond eliminating one more game company that was trying to deliver quality games. It demonstrates to developers that even if you successfully produce a quality game and get it to the stores, you still may not be paid. It�s one more nail in the coffin of small, independent game developers. When a Head Games or other publisher screws an independent developer, it sends the message to other developers that the only safe avenue is to go to work for one of the major publishers, who are unfortunately not as willing to try new ideas. And what about Head Games? It is Windward�s belief that Head Games needed to retain all of the receipts from the sale of Enemy Nations to stay in business and to fund their other projects, one of which was Cabella Big Game Hunter. Due to the success of that title and other projects, Head Games was purchased in June, 1998 by Activision, Inc. for millions of dollars in stock. While paying no development or up-front costs and reporting sales of almost $500,000, they still maintain that there is no profit. A half million dollar return on a zero dollar investment � what a phenomenal business model. No wonder Activision acquired them. For further information, contact David Thielen, Windward Studios at 303-499-2544, email dave@windward.net or visit www.windward.net
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