Brass Deluxe Edition?

Zitat von Rick Soued

Martin -- as we have just agreed privately, Vital Lacerda has agreed to moderate a private discussion between the two of us in an effort to resolve our differences regarding Brass and other matters. In the meantime, it would be great if all public discussion of this ceased so that there is no further impact on The Gallerist Kickstarter effort. There will be no Brass Kickstarter project until you and I have concluded our sessions with Vital moderating. We will issue a jointly worded statement at the conclusion of those discussions. Please confirm this understanding so that the BGG community knows that this is a joint agreement. Thanks

Man darf gespannt sein.

I. ü. hat sich auch jemand die Mühe gemacht und die ganze Geschichte nach bestem Wissen zusammengefasst.

Zitat von Martin Wallace

For those that may be interested in how things are going on the Brass front, well, nothing has been decided yet.

Discussions did take place, but no agreement could be reached. I think it is fair to say that the positions for each party are that EGG feel they still have the rights to the design, whereas I feel that the contract has been legally terminated.

I do not want to go into more detail on this matter, suffice to say that I am engaging the services of a lawyer in an attempt to resolve the situation once and for all. I think it goes without saying that I am still actively opposed to the game being released by EGG on Kickstarter.

Ring frei zur nächsten Runde:

Zitat von Rick Soued CEO Eagle-Gryphon Games

Martin Wallace has stated publicly on BGG (more than once) that he has not been paid royalties from Eagle Games (EG) for Brass. His most recent statement on this was made on July 22, 2015, at 9:27 pm:

“I asked EGG for outstanding royalty reports and payments in December 2014. I received statements and payments for 2013 and 2014. However, I did not receive any statements or payments for 2009, 2010, 2011 or 2012. I have asked for these and been refused…. It is clear that EGG have earned money from Brass without paying royalties to me. They had thirty days from when I contacted them in December to rectify this situation. They clearly have not done so, so under the terms of the contract I am allowed to terminate it immediately…. Martin Wallace”

https://www.boardgamegeek.com/thread/1405358/deluxe-brass-pr...

Here are the facts:

1) Martin Wallace (MW) and Eagle Games (EG) signed an Agreement regarding Brass in late February, 2008

2) MW was paid $4,148 USD in 2008. The game was produced and made available for sale prior to July 1, 2009 (as per the Agreement).

3) 50% of the $4,148 payment (or $2,074) was paid “for the existing art/print/computer production files for the game”. These are thus owned by Eagle Games, not by MW.

4) 50% of the $4,148 payment (or $2,074) was paid as an “advance on royalties”. Based on sales of the game, this advance royalty payment covered the remainder of 2009 and part of 2010.

5) In 2010, MW was paid $896 in royalties for Brass

6) In 2011, MW was paid $2,430 in royalties for Brass

7) In 2012, MW was paid $675 in royalties for Brass

8) In mid-December, 2014, within 10 days of his request for royalties, MW was paid $2,003 in royalties for Brass (covering the period from 1/1/13 thru 11/30/14).

9) Every payment of royalties (above) was accompanied by a statement of account. The only time Martin was “refused” copies of statements was in July, 2015 (e.g. earlier this month) when he asked to get copies of these statements again. I refused this request because of his public accusations made earlier in the month that we had not paid him, and cited the fact that we had already provided him these payments and statements and I had no obligation to give them to him again solely because he had lost them.

10) MW has been paid a total of $8,078 in royalties for Brass plus another $2,074 for the art and production files, a total of $10,152. Royalties have been paid in every year, and they total an average of $1,469 per year for the approximately 5.5 year period that they cover.

11) MW has not been paid for December, 2014, nor for any of 2015. Nor has he asked to be paid for those periods of time.

12) The Agreement has been followed exactly by EG. MW has been paid every time he has asked for payment, within 30 days of his requests, as per the Agreement terms.

13) EG firmly denies that it has not sent MW payments or statements when asked for and due; and it firmly denies it has “earned money from Brass without paying royalties” to MW.

14) MW has knowingly made false accusations to the BGG community.

15) MW has no right to terminate the Agreement with EG made in February, 2008; nor does EG acknowledge any such termination of its rights to produce the game of Brass.

16) EG will produce and sell another edition of Brass. Production is currently underway and the game is expected to arrive in the US for launch and sale in September, 2015. EG will pay MW his royalties earned on the sales of this edition of Brass as we have done since 2008.

17) EG will directly oppose and object to any attempt on the part of MW to sell the rights to produce the game Brass (or any related version of it called by another name) to another company as a breach of the February, 2008 Agreement.

Rick Soued, CEO, Eagle-Gryphon Games July 29, 2015

Another (related) fact and an opinion:

Fact: In May, 2005, MW signed a different Agreement with EG wherein EG paid MW over $10,000 (USD) as an advance towards a game to be designed and submitted for approval by EG – originally by the end of 2006 but extended (indefinitely) by virtue of emails exchanged at that time. Per this Agreement, EG was to have “first right of refusal” for all MW designs created from that point of time on, until EG chose one to publish.

Opinion: MW only submitted Brass to us over the course of the next several years, thus we have also assumed that we have the right to claim Brass to be the “unnamed product”. Either that or MW owes us the return of the $10,000 that EG paid MW for this product, given that neither MW nor EG wants to do business with each other in the future.

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Ding, ding!

Zitat von Martin Wallace

Brass legal situation update
Treefrog have engaged the services of Jeffrey Peacock, of Peacock Myers, to handle our legal issues with Eagle Gryphon Games over the rights to Brass. A formal letter has been sent to Eagle Gryphon informing them that the agreement for Brass must be regarded as terminated with immediate effect. You can read the letters relating to this here and here
It is our firm belief that Eagle Gryphon Games no longer have the right to publish and sell Brass. Unfortunately, the costs of imposing formal legal action against Eagle Gryphon Games are too high for our small company to afford. Thus, it is up to you, the consumer, to decide whether you feel comfortable purchasing a game from Eagle Gryphon that is essentially stolen property.

New version of Brass
Treefrog has already started work on a new version of Brass, which will have new artwork through out, improved components and a second board based in the Midlands of England (around Birmingham). We have employed a New Zealand artist, Warren Mahy. You can check out his work here.
www.mahystudio.com/
We expect the game to be launched on Kickstarter this year. If all goes to plan then copies of the new version of the game will be ready early 2016.
If you are keen to buy a new copy of Brass we would urge you to wait until our new version is ready. This will ensure that the designer is paid properly for his work.
We would like to thank the many people out there who have been supportive of us during this period of difficulty.

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bgg-thread dazu.

aus Roxley Games to Publish Brass in 2016:
"The game will be coming to Kickstarter in 2016. We are aiming for a Q2-Q3 campaign launch."
We’ll see

Mea culpa für die Vernachlässigung meiner Chronistenpflicht. Ich hatte es nur mobil gelesen und tatsächlich vergessen, nachträglich darauf hinzuweisen und es heute morgen nicht mal bemerkt...
Mit "We'll see" wollte ich nicht implizieren, dass es rechtliche Probleme geben könnte.