The lengthy Friday the 13th legal battle is officially over, and Victor Miller has retained the domestic rights to the screenplay. The Friday the 13th franchise launched in 1980 with Sean S. Cunningham's titular slasher film, spawning ten sequels and one remake, which collectively grossed over $460 million at the global box office. That popularity became cemented in the horror community, where the franchise and its antagonist, Jason Voorhees, are iconic.
Miller, who wrote the original film's screenplay, filed a lawsuit against Cunningham and his production company, Horror Inc., in 2016 to gain control of the franchise. Miller aimed to do so using a provision of U.S. copyright law that allows the author of a work to retain the rights after 35 years. After director/producer Cunningham appealed Miller's 2018 victory in court, the case for the original Friday the 13th film was finally settled earlier this year—once again in Miller's favor. Despite the win, production on any projects still stalls while the relevant parties work on a resolution.
Friday the 13th Part III star and entertainment attorney, Larry Zerner, reports that Horror Inc. has not filed a cert petition to the Supreme Court to appeal the latest decision. He tweeted that yesterday, December 29, 2021, was the final day to file certiorari, which is a court process that seeks judicial review over a court ruling. "What does this mean? Well, it means the case is officially over and Victor Miller owns the rights to his screenplay in F13 (but only in the US)," says Zerner. Check out Zerner's post from his Twitter account below:
Zerner continues to say that the parties have "not necessarily [settled]," and that "it could just mean that Sean Cunningham realized that a cert petition was a real longshot and didn't want to waste his money." Miller's ownership of the original screenplay provides him the legal rights to young Jason Voorhees, but while Cunningham still owns the rights to masked Jason, he cannot use him without Miller's permission. This realization could still spell trouble for a franchise that has only released new content in the form of fan films and Friday the 13th: The Game, the latter of which obtained licensing before the lawsuit.
With the recent resurgence of Halloween, the upcoming Scream film, several new Texas Chainsaw Massacre projects, and other classic horror franchises returning to popular media, Friday the 13th leaves a noticeable gap. After such a contentious struggle in the courts, there is no guarantee that Miller and Cunningham will peacefully work out a resolution that allows for new projects to be made. Despite positive fan feedback about the Never Hike Alone franchise and the other original, unlicensed projects, the horror community is clamoring for an official film. If there is some agreement, the next - long-overdue - film could blow profit expectations out of the water and appease a ravenous online fanbase.
Source: Larry Zerner