Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 22, Issue 10
Share on Social
Reclaiming Friday the 13th
It is said to be an omen of bad luck when a Friday falls on the thirteenth day of a month. Today is Friday May 13th, so hopefully luck is on our side today. In honor of this auspicious event, we have a spooky story about a dispute over copyrights to the classic horror film Friday the 13th.
In 1979, film producer Manny, Inc. hired screenplay writer Victor Miller to write a screenplay for a horror film that would become Friday the 13th. Miller and Manny signed a contract and agreed that Manny would pay Miller $9,200 to write the screenplay. Quite a measly sum considering the movie generated nearly $40 million at the box office in 1980 alone and launched a movie franchise that now touts 12 films, a television series, and plenty of merchandise with the iconic killer’s hockey mask.
However, in a plot twist fit for a horror film, although the contract was signed in 1979, it was based on an older contract template drafted in 1977. This older template had not been updated to reflect major changes in copyright law that occurred in 1978. It therefore lacked contractual provisions that would have deemed Manny the legal author and owner of the screenplay rather than Miller, and that would have prevented Miller from being able to legally claw back his rights to the screenplay 40 years later. Instead, after several years of litigation and appeals, Miller was declared both the sole legal author and the owner of copyright in the screenplay.
The Friday the 13th copyright dispute is a scary reminder to update your contracts frequently to take into consideration the most recent legislation and court decisions on intellectual property law. The consequences of failing to do so could leave you screaming bloody horror!
Published Friday the 13th of May, 2022
Finny continues his adventures around the world!
This week, Finny was spotted with Mike Fishman and Lily Barash at the International Trademark Association’s annual meeting in Washington DC, as well as exploring a forest and enjoying time at the beach. Follow Finny and see more of his adventures HERE.
Related Content from Fishman Stewart
L.A.B. Golf aims to protect its innovations, and therefore its market position, owning three patents for its zero-torque design. The question now is whether L.A.B. Golf can withstand the wave of copycat designs.
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
Our latest article tackles three common trademark questions: 1. Can I trademark my own name? 2. Can I trademark the name of a fictional character? 3. Can I trademark the name of a U.S. president or British royal?
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents. We also know that more than 10,000 patents were in existence before the count began.
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
