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Smitty_Voorhees

If you were the judge...

If you were the judge...   

41 members have voted

  1. 1. If you were the judge presiding over the case, which side would you favor?

    • Miller
      8
    • Cunningham
      33


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Miller's argument: "Cunningham didn't pay me at first, so I was essentially writing on spec. I turned in my first draft well before I signed a contract and was paid, therefore I'm entitled to original works clause under the Copyright Act."

Cunningham's argument: "I conceived of the title and concept, and reached out to Miller to be the one to write my vision. I was involved in the entire process, from hammering out the details to the final draft. I even hired another writer to revise and polish Miller's final draft. Miller signed a contract stating this was a work-for-hire, not a transfer of rights. Therefore, Miller is not entitled to FRIDAY THE 13th as an original work."

 

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Posted (edited)

I rule in favor of Cunningham granting him the copyright. Miller gets 10% of all revenue from the original Friday the 13th film and 5% of all future content. IMO poll needs option where both sides walk away with something.

Edited by F134Ever86
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Just for the games sake I want Cunningham to win....but he is such a dipshit and doesn't even care about Friday or the Jason character outside of making $$ off it. He says he never even watched any of the sequels from Paramount before going off and making JGTH and Jason X. Clearly not someone who embraces the love we have for the franchise. 

Still siding with Cunningham from legal standpoint. 

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I can't vote without knowing if Miller was work for hire, if he was then that's easy. "You got payed $9,500 for your hand in writing part one. Good day sir!" If he wasn't, then things get tricky. If that's the case he deserves a percentage for his help in creating Jason and Pamela, and anything else. But it all hinges on the judges verdict on the "work for hire" status.

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17 minutes ago, Smitty_Voorhees said:

. Miller signed a contract stating this was a work-for-hire, not a transfer of rights.

I'm not sure this portion of the statement is accurate, and is a part of the reason why the lawsuit is complicated. To my knowledge - having read both parties summary judgement statements - Miller contends his work was not classified as a work for hire, and Cunningham and co. can't provide paperwork that states that it was. Cunningham is proposing that the contracts that Miller DID sign classifies Miller's work as work for hire, despite that language not appearing anywhere in the documents. 

 

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3 minutes ago, Thatguyinktown said:

I'm not sure this portion of the statement is accurate, and is a part of the reason why the lawsuit is complicated. To my knowledge - having read both parties summary judgement statements - Miller contends his work was not classified as a work for hire, and Cunningham and co. can't provide paperwork that states that it was. Cunningham is proposing that the contracts that Miller DID sign classifies Miller's work as work for hire, despite that language not appearing anywhere in the documents. 

 

That would definitely explain why the judge is being squirrely about it, as that could create a terrible precedent in the OTHER direction. Logically, it is a work for hire (as in, if one were to ask at what point could Miller ever have taken the FRIDAY THE 13th script to shop to other interested parties the answer would always be NEVER), but maybe the judge is thinking ahead and being cautious. Either way, imo, Miller is trying to exploit a loophole in a contract, knowing full well the intention was a work for hire. HOWEVER... I guess you can't blame him, if legally the opportunity is there to do so. (Well, I DO blame him, but come on, Cunningham.)

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@Smitty_Voorhees I think it's more along the lines that until they can legally ascertain the nature of Miller's work, it still needs to be disputed.

As has been stated in other articles, this is a relatively new issue with copyright law (with the 35 year long standard in place after January 1978) the earliest any copyright termination could have occurred for any instance under that law would have been January 2013. 

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Ugg, the options are a good example of why the judge put it off, it really isn't that simple.

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3 minutes ago, Slasher_Clone said:

Ugg, the options are a good example of why the judge put it off, it really isn't that simple.

Exactly! If Sean can't produce anything clearly showing that Vic's work was indeed for hire, then it gets real tricky. I can see why it's currently at a stalemate, without that proof how do you proceed? Victor obviously has rights to part one and anything he created therein, IF he can prove Sean wrong. It's not an easy thing to decide with no proof from either side.

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It can literally come down to a single word in the contract. On top of which they failed to pay Miller in the past and the judge may feel that is enough justification for Miller to be awarded money or even rights. It isn't going to be a clean win for anyone, that's how I see it currently.

Listen to @Redrum138, he's making sense.

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New law sprout up and put loopholes in a old contract. I'm with Cunningham 100% if the law was there upon the day the contract was made the loophole wouldn't be present. The new law made a big pile of BS and the fact that Victor Miller wants to dig a shiv in and affect the franchise shows he has no love for the franchise at all.

"I weep for you," the Walrus said:
"I deeply sympathize."
With sobs and tears he sorted out
Those of the largest size,
Holding his pocket-handkerchief
Before his streaming eyes.

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Question, if anyone can answer it or please direct me to the answer if it is elsewhere, but what happens to the franchise (movies/games/novels and applicable media), once a ruling is made? (I know that the losing side can appeal the decision and extend the franchise freeze but lets pretend that no appeal is entered). So hypothetically, what specifically happens if the judge rules in favor of Cunningham, and what specifically happens if the judge rules in favor of Miller?

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36 minutes ago, Whammigobambam said:

"I weep for you," the Walrus said:
"I deeply sympathize."
With sobs and tears he sorted out
Those of the largest size,
Holding his pocket-handkerchief
Before his streaming eyes.

Alice is dead, Jason killed her. Or do I have the wrong Alice?

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13 minutes ago, Slasher_Clone said:

Alice is dead, Jason killed her. Or do I have the wrong Alice?

I seen that white rabbit hopping in cabins around Crystal lake go ask Alice and see what she knows. When she peaks I want your throw the toaster in the tub with the fat Samoan, don't be prejudice.

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From everything I've read on this...Miller.

He wrote the original story and as far as I can tell, he was an independent contractor when he did so. 

Obviously I am not privy to all the facts and only time will tell if he ends up being in the right however he's lawyered up and his lawyers would have read through all the contracts and information, so his lawyer has to have confidence in taking on the case.

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There are too many unknowns right now for me to cast an accurate vote.  I haven't fully read what is out there yet, and I'm sure there is evidence from both parties.  Can't cast that vote. 

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I'm not voting. I personally think this poll is like asking "Red Wine or White Wine"

Nobody really cares as long as we all get good and drunk.

And it's the same with the outcome of this case. Nobody here cares who wins as long as we get more Friday the 13th & more Jason Voorhees.

Miller should get more than $9000 for his contribution. Cunningham should quit being a rich dick and take care of the people who helped make him a rich dick.

________________________________________________________

For example: New Line Cinema (Robert Shaye) eventually realized how bad he fucked over Wes Craven after the first ANOES movie was made and he eventually made things right. After making 5 sequels & MILLIONS from an idea/script/film that Wes Craven made (as a "one off" film). Shaye ran that shit into the ground carrying sacks of money to the bank..........but eventually, he apologized to Craven and gave him a portion of the licensing and merch rights. That very decision patched up their relationship and led to New Nightmare and eventually Scream.

Cunningham could learn so much from Robert Shaye. SO MUCH!!

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38 minutes ago, BrokenFattHardy said:

I'm not voting. I personally think this poll is like asking "Red Wine or White Wine"

Nobody really cares as long as we all get good and drunk.

And it's the same with the outcome of this case. Nobody here cares who wins as long as we get more Friday the 13th & more Jason Voorhees.

Miller should get more than $9000 for his contribution. Cunningham should quit being a rich dick and take care of the people who helped make him a rich dick.

________________________________________________________

For example: New Line Cinema (Robert Shaye) eventually realized how bad he fucked over Wes Craven after the first ANOES movie was made and he eventually made things right. After making 5 sequels & MILLIONS from an idea/script/film that Wes Craven made (as a "one off" film). Shaye ran that shit into the ground carrying sacks of money to the bank..........but eventually, he apologized to Craven and game him a portion of the licensing and merch rights. That very decision patched up their relationship and led to New Nightmare and eventually Scream.

Cunningham could learn so much from Robert Shaye. SO MUCH!!

This. 

I ain't voting either, what's the point, you can't judge based on a bit of info on the net. The best info I've seen is from the guy who played Shelly and even he says it gets tricky. 

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#1 I know fuck all about law.

#2 I know fuck all about the case really. 

#3 Not qualified in any way so can't really comment. 

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I know it wouldn't take me two years to decide first off. Second i would rule that Miller receive residuals or royalties from only the original Friday the 13th  and nothing else after that.

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2 hours ago, Alien_Number_Six said:

#1 I know fuck all about law.

#2 I know fuck all about the case really. 

#3 Not qualified in any way so can't really comment. 

Same

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11 hours ago, Redrum138 said:

I can't vote without knowing if Miller was work for hire, if he was then that's easy. "You got payed $9,500 for your hand in writing part one. Good day sir!" If he wasn't, then things get tricky. If that's the case he deserves a percentage for his help in creating Jason and Pamela, and anything else. But it all hinges on the judges verdict on the "work for hire" status.

I voted for Miller till I read that part and now I wish I could take my vote back and learn more before deciding.

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