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.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
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!