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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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Mike Flanagan In Talks to Direct New Exorcist Movie for Blumhouse

Published

1 hour ago

May 3, 2024

Cameron McFarland

Mike Flanagan (The Haunting of Hill House) is a national treasure that must be protected at all costs. Not only has he created some of the best horror series to ever exist, but he also managed to make a Ouija Board movie genuinely terrifying.

A report from Deadline yesterday indicates that we may be seeing even more from this legendary storysmith. According to Deadline sources, Flanagan is in talks with Blumhouse and Universal Pictures to direct the next Exorcist film. However, Universal Pictures and Blumhouse have declined to comment on this collaboration at this time.

This change comes after The Exorcist: Believer failed to meet Blumhouse’s expectations. Initially, David Gordon Green (Halloween)was hired to create three Exorcist films for the production company, but he has left the project to focus on his production of The Nutcrackers.

If the deal goes through, Flanagan will take over the franchise. Looking at his track record, this could be the right move for the Exorcist franchise. Flanagan consistently delivers amazing horror media that leave audiences clamoring for more.

It would also be perfect timing for Flanagan, as he just wrapped up filming the Stephen King adaptation, The Life of Chuck. This isn’t the first time he has worked on a King product. Flanagan also adapted Doctor Strange and Gerald’s Game.

He has also created some amazing Netflix originals. These include The Haunting of Hill House, The Haunting of Bly Manor, The Midnight Club, and most recently, The Fall of the House of Usher.

If Flanagan does take over, I think the Exorcist franchise will be in good hands.

That’s all the information we have at this time. Make sure to check back here for more news and updates.

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A24 Creating New Action Thriller “Onslaught” From ‘The Guest’ & ‘You’re Next’ Duo

Published

17 hours ago

May 2, 2024

Cameron McFarland

It’s always nice to see a reunion in the world of horror. Following a competitive bidding war, A24 has secured the rights to the new action thriller film Onslaught. Adam Wingard (Godzilla vs. Kong) will be directing the film. He will be joined by his longtime creative partner Simon Barret (You’re Next) as the scriptwriter.

For those unaware, Wingard and Barret made a name for themselves while working together on films such as You’re Next and The Guest. The two creatives are card carrying horror royalty. The pair have worked on films such as V/H/S, Blair Witch, The ABC’s of Death, and A Horrible Way to Die.

An exclusive article of out Deadline gives us the limited information we have on the topic. Although we don’t have much to go on, Deadline does offer the following information.

“Plot details are being kept under wraps but the film is in the vein of Wingard and Barrett’s cult classics like The Guest and You’re Next. Lyrical Media and A24 will co-finance. A24 will handle worldwide releasing. Principal photography will begin in Fall 2024.”

A24 will be producing the film alongside Aaron Ryder and Andrew Swett for Ryder Picture Company, Alexander Black for Lyrical Media, Wingard and Jeremy Platt for Breakaway Civilization, and Simon Barret.

That’s all the information we have at this time. Make sure to check back here for more news and updates.

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Director Louis Leterrier Creating New Sci-Fi Horror Film “11817”

Published

18 hours ago

May 2, 2024

Cameron McFarland

According to an article from Deadline, Louis Leterrier (The Dark Crystal: Age of Resistance) is about to shake things up with his new Sci-Fi horror film 11817. Leterrier is set to produce and direct the new Movie. 11817 is penned by the glorious Mathew Robinson (The Invention of Lying).

Rocket Science will be taking the film to Cannes in search of a buyer. While we don’t know much about what the film looks like, Deadline offers the following plot synopsis.

“The film watches as inexplicable forces trap a family of four inside their house indefinitely. As both modern luxuries and life or death essentials begin to run out, the family must learn how to be resourceful to survive and outsmart who — or what — is keeping them trapped…”

“Directing projects where the audience gets behind the characters has always been my focus. However complex, flawed, heroic, we identify with them as we live through their journey,” said Leterrier. “It’s what excites me about 11817‘s wholly original concept and the family at the heart of our story. This is an experience that movie audiences won’t forget.”

Leterrier has made a name for himself in the past for working on beloved franchises. His portfolio includes gems such as Now You See Me, The Incredible Hulk, Clash of The Titans, and The Transporter. He is currently attached to create the final Fast and the Furious film. However, it will be interesting to see what Leterrier can do working with some darker subject material.

That’s all the information we have for you at this time. As always, make sure to check back here for more news and updates.

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