Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 14, 2017
The Firm
201-896-4100 info@sh-law.comSean Cunningham, an American film director, approached Victor Miller, a writer, in 1979 after the successful release of “Halloween,” and asked if he wanted to partner to create a new horror movie—what would ultimately become “Friday the 13th.” Miller was subsequently brought into development of the movie as a work-for-hire employee, according to Hollywood Reporter.
This is where the legal battle hits a gray area. While The Wrap reported that Miller had received residual financial remuneration over the past 36 years for his work on the film, he doesn’t actually own the rights to it. This is because Manny Company protests Miller was only brought on to help write the script after the original idea had been formed.
“Miller had never written a horror screenplay prior to his being hired by Cunningham and was guided in the process, and directly supervised, by Cunningham,” the complaint read. “Accordingly, Miller entered into an employment agreement with the Manny Company pursuant to which Miller wrote a screenplay for the Film as a work for hire.”
Miller, the plaintiff, is trying to use a specific copyright law loophole that would allow him to revoke ownership from Manny Company and Horror Inc., ComicBook.com reported. This is a tricky proposition for Miller, who has to successfully argue against the fact that he was hired specifically to write the script, and that he was, in fact, the sole proprietor of the idea behind “Friday the 13th.”
Manny Company and Horror Inc. aren’t the only companies involved in the lawsuit, though, as Georgetown Productions, a predecessor firm to Manny Company, financed the film back in 1980 on the grounds they would be assigned rights to the movie, according to Hollywood Reporter. This makes the case even more difficult for the courts, as the copyright is listed in Georgetown’s name and Miller’s supposed work-for-hire contract actually doesn’t list his status as an employee, the source reported. Still, Manny Company continues to vigorously defend the lawsuit.
“In addition to seeking a declaration of the parties’ respective rights, the Manny Company seeks a determination that Miller has materially breached the Employment Agreement, has slandered Horror’s title in “Friday the 13th,” and has engaged in unfair trade practices,” the complaint read.
Copyright lawsuits are notoriously messy, as, ironically, it’s often difficult for an author to prove ownership of his or her work, as seen by the plight of Miller. The case has yet to move along with legal proceedings, and it’s likely to take a while to do so.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!