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
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
