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The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.
Contributors to creative works are of course free to reach whatever type of agreement they’d like regarding revenue splits—although it’s definitely preferable to put things in writing, especially when it comes to proving up the contract in a lawsuit. The copyrightnotice for Invincible #1 is in the names of Robert Kirkman and Cory Walker.
Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. Newslaundry-Aaj Tak dispute and the fair-dealing exception.
If the work was published with proper copyrightnotice, it received a federal statutory copyright. If the work was published without proper copyrightnotice, the work entered the public domain. 302, 328-29 (2012)] If ever there is a case to depart from that principle, perhaps it is this one.
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