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Exclusive: Friday the 13th Lawsuit Turns Bloody

Published

7 years ago

May 18, 2017

The lawsuit over the franchise rights to Friday the 13th entered a new phase last Friday, when Sean S. Cunningham was formally deposed under oath. Cunningham, the director and producer of the 1980 film Friday the 13th, was questioned during the deposition by Marc Toberoff, the attorney for writer Victor Miller. Miller, Friday the 13th’s lone credited screenwriter, has also been deposed.

In June 2016, Miller sent a notice of termination to producers, identified as Horror Inc. and The Manny Company, for the purpose of reclaiming the rights to the Friday the 13th property. While there are several issues related to copyright law at play in Miller’s filing, the key question at this juncture in the proceedings is whether Miller was an “employee” or an “independent contractor” when the 1980 film was developed and then went into production in 1979.

This was reflected in the questioning Cunningham received during this deposition, which took place inside a law office. During his deposition testimony, Cunningham reiterated his claim that his agreement with Miller, which was signed on June 4, 1979, was a “work-for-hire” arrangement. Cunningham also testified that Miller hadn’t completed a screenplay or even a treatment at this point, approximately three months before Friday the 13th started filming.

Cunningham also testified that he didn’t believe Miller was responsible for the creation of the iconic character Jason Voorhees, beyond the name itself. In my book, On Location in Blairstown: The Making of Friday the 13th, Miller stated that “Jason” was an amalgam of the names of his sons, Ian and Josh. Miller said that the Voorhees surname was inspired by Van Voorhees, a girl he’d known in high school.

Regarding Friday the 13th’s screenplay, Cunningham testified that his June 4, 1979, agreement with Miller covered the writing of a treatment and then a screenplay. Cunningham testified that he paid Miller “out of his own money” for the screenplay and the treatment. Cunningham testified that by July 4, 1979, when Cunningham placed the now infamous Friday the 13th advertisement in the trade paper Variety, all he’d seen from Miller was a treatment, not a screenplay. Miller’s name doesn’t appear in the Variety advertisement.

Cunningham has always maintained that the Variety advertisement was entirely a ploy to raise financing for the project, and Cunningham has long claimed that no completed screenplay existed at this point, approximately two months before Friday the 13th started filming.

To bolster his argument, Cunningham pointed that the first draft of Miller’s screenplay was titled A Long Night at Camp Blood, not Friday the 13th. Miller has countered that the Friday the 13th shooting script, which was dated August 21, 1979, was titled Friday 13, not Friday the 13th.

Regarding the creation of Jason, Cunningham argued that Miller isn’t entitled to be credited as the creator of the Jason Voorhees character, because Jason “was dead” in all of Miller’s screenplay drafts.

Now Miller’s trying to prove that Cunningham perjured himself during his deposition testimony. Miller’s attorney, Marc Toberoff, is presently searching for a former secretary of Cunningham’s who might corroborate Miller’s recounting of events. My book, On Location in Blairstown: The Making of Friday the 13th, was also extensively quoted by Toberoff during the deposition.

Toberoff is also searching for a specific filming draft of the Friday the 13th screenplay, which he hopes will prove the extent of Miller’s contribution, especially as it relates to the character of Jason, which is under copyright. Cunningham and Miller are the only witnesses who have been deposed so far.

Another challenge facing Miller is that he must be successful in gaining rights to both the North American and foreign rights, since the property would have little or no value to film studios without both. “Victor doesn’t want to control the entire Friday the 13th franchise, and that’s not what this is about,” says a source close to Miller. “If the lawsuit is successful, it would mean that Victor, as a writer, as a creator, would simply be able to negotiate a new deal, new terms, and to gain some leverage as an author over the existing franchise.”

On June 9, Miller intends to make a motion for summary judgment in court. If this fails, the court would likely assign a trial start date.

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Movies

Trailer for ‘The Exorcism’ Has Russell Crowe Possessed

Published

42 mins ago

April 25, 2024

Timothy Rawles

The latest exorcism movie is about to drop this summer. It’s aptly titled The Exorcism and it stars Academy Award winner turned B-movie savant Russell Crowe. The trailer dropped today and by the looks of it, we are getting a possession movie that takes place on a movie set.

Just like this year’s recent demon-in-media-space film Late Night With the Devil, The Exorcism happens during a production. Although the former takes place on a live network talk show, the latter is on an active sound stage. Hopefully, it won’t be entirely serious and we’ll get some meta chuckles out of it.

The film will open in theaters on June 7, but since Shudder also acquired it, it probably won’t be long after that until it finds a home on the streaming service.

Crowe plays, “Anthony Miller, a troubled actor who begins to unravel while shooting a supernatural horror film. His estranged daughter, Lee (Ryan Simpkins), wonders if he’s slipping back into his past addictions or if there’s something more sinister at play. The film also stars Sam Worthington, Chloe Bailey, Adam Goldberg and David Hyde Pierce.”

Crowe did see some success in last year’s The Pope’s Exorcist mostly because his character was so over-the-top and infused with such comical hubris it bordered on parody. We will see if that is the route actor-turned-director Joshua John Miller takes with The Exorcism.

'Civil War' Review: Is It Worth Watching?

News

Win a Stay at The Lizzie Borden House From Spirit Halloween

Published

2 hours ago

April 25, 2024

Timothy Rawles

Spirit Halloween has declared that this week marks the start of spooky season and to celebrate they are offering fans a chance to stay at the Lizzie Borden House with so many perks Lizzie herself would approve.

The Lizzie Borden House in Fall River, MA is claimed to be one of the most haunted houses in America. Of course one lucky winner and up to 12 of their friends will find out if the rumors are true if they win the grand prize: A private stay in the notorious house.

“We are delighted to work with Spirit Halloween to roll out the red carpet and offer the public a chance to win a one-of-a-kind experience at the infamous Lizzie Borden House, which also includes additional haunted experiences and merchandise,” said Lance Zaal, President & Founder of US Ghost Adventures.

Fans can enter to win by following Spirit Halloween‘s Instagram and leaving a comment on the contest post from now through April 28.

The prize also includes:

An exclusive guided house tour, including insider insight around the murder, the trial, and commonly reported hauntings

A late-night ghost tour, complete with professional ghost-hunting gear

A private breakfast in the Borden family dining room

A ghost hunting starter kit with two pieces of Ghost Daddy Ghost Hunting Gear and a lesson for two at US Ghost Adventures Ghost Hunting Course

The ultimate Lizzie Borden gift package, featuring an official hatchet, the Lizzie Borden board game, Lily the Haunted Doll, and America’s Most Haunted Volume II

Winner’s choice of a Ghost Tour experience in Salem or a True Crime experience in Boston for two

“Our Halfway to Halloween celebration provides fans an exhilarating taste of what’s to come this fall and empowers them to start planning for their favorite season as early as they please,” said Steven Silverstein, CEO of Spirit Halloween. “We have cultivated an incredible following of enthusiasts who embody the Halloween lifestyle, and we’re thrilled to bring the fun back to life.”

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Spirit Halloween is also preparing for their retail haunted houses. On Thursday, August 1 their flagship store in Egg Harbor Township, NJ. will officially open to start off the season. That event usually draws in hordes of people eager to see what new merch, animatronics, and exclusive IP goods will be trending this year.

'Civil War' Review: Is It Worth Watching?

Movies

’28 Years Later’ Trilogy Taking Shape With Serious Star Power

Published

4 hours ago

April 25, 2024

Timothy Rawles

Danny Boyle is revisiting his 28 Days Later universe with three new films. He will direct the first, 28 Years Later, with two more to follow. Deadline is reporting that sources say Jodie Comer, Aaron Taylor-Johnson, and Ralph Fiennes have been cast for the first entry, a sequel to the original. Details are being kept under wraps so we don’t know how or if the first original sequel 28 Weeks Later fits into the project.

**Jodie Comer, Aaron Taylor-Johnson and Ralph Fiennes**

Boyle will direct the first movie but it’s unclear which role he will take on in the subsequent films. What is known is Candyman (2021) director Nia DaCosta is scheduled to direct the second film in this trilogy and that the third will be filmed immediately afterward. Whether DaCosta will direct both is still unclear.

Alex Garland is writing the scripts. Garland is having a successful time at the box office right now. He wrote and directed the current action/thriller Civil War which was just knocked out of the theatrical top spot by Radio Silence’s Abigail.

There is no word yet on when, or where, 28 Years Later will start production.